GIFT  OF 


'RELATING   TO   THE 


COMMON  SCHOOLS 

OF  KANSAS, 

INCLUDING  OFFICIAL  OPINIONS  AND  SUG- 
GESTIONS TO  SCHOOL  OFFICERS. 


COMPILED  UNDER  DIRECTION  OF 

W.  D.  ROSS, 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


1913. 


STATE  PRINTING  OFFICE, 
TOPEKA,  1913. 

5-159 


MALICIOUS  DESTRUCTION  OF  PROPERTY. 


[2837.]  Any  person  who  shall  willfully  and  maliciously 
destroy,  deface,  remove  or  injure  the  property  of  another, 
public  or  private,  shall,  on  conviction,  be  deemed  guilty  of  a 
misdemeanor,  and  punished  by  a  fine  not  less  than  $5  nor 
more  than  $500,  or  by  imprisonment  in  the  county  jail  not  to 
exceed  six  months,  or  by  both  such  fine  and  imprisonment. 
(Laws  1886,  ch.  104,  sec.  1.) 

(ii) 


To  County  and  City  Superintendents  and  School  Officers: 

I  furnish  you  herewith  a  copy  of  the  school  laws  of  Kansas 
revised  to  date. 

The  official  opinions  and  suggestions,  I  trust,  will  be  help- 
ful to  you  in  the  discharge  of  your  official  duties. 

W.  D.  ROSS, 

State  Superintendent  of  Public  Instruction. 
JUNE  11,  1913. 

(iii) 


293244 


TABLE  OF  CONTENTS. 

Chapter.  Pago. 

MALICIOUS  DESTRUCTION  OF  PROPERTY ii 

LETTER  OF  TRANSMISSAL iii 

Educational  provisions  of  the  organic  act 1 

Educational  provisions  of  the   constitution 1 

Education  provisions  of  the  act  of  admission 3 

Laws  relating  to  the  common  schools  of  Kansas 5 

Bonds    I  5 

Business  colleges   II  21 

Certificates    Ill  23 

Child  labor IV  38 

Cities V  40 

Compulsory   education    VI  67 

Consolidation     VII  73 

County   school    fund VIII  76 

County  superintendent   IX  78 

Districts X  93 

Fines  and  penalties XI  123 

Fire   protection    XII  124 

High    schools    ....'. XIII  126 

Industrial  education    XIV  143 

Industrial   school   pupils    XV  145 

Juvenile  court    XVI  146 

Kindergartens    XVII  157 

Levies     XVIII  158 

Libraries    XIX  160 

Night    schools    XX  162 

Normal  institutes    XXI  164 

Normal  training    XXII  167 

Patriotic  instruction    XXIII  170 

Retirement  fund    : XXIV  171 

School-fund  commissioners    XXV  174 

State  annual  school  fund XXVI  184 

State  superintendent  of  public  instruction XXVII  185 

Text-books XXVIII  189 

Tobacco   and   cigarettes XXIX  208 

Warrants  and  bonds  lost  and  destroyed XXX  209 

Warrants,  registration  of XXXI  210 

INDEX    213 

(iv) 


EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT. 

[69.] l  SECTION  34.  And  be  it  further  enacted,  That  when 
the  lands  in  the  said  territory  shall  be  surveyed  under  the 
direction  of  the  government  of  the  United  States,  preparatory 
to  bringing  the  same  into  market,  sections  numbered  16  arid 
36  in  each  township  in  said  territory  shall  be  and  the  same 
are  hereby  reserved  for  the  purpose  of  being  applied  to  schools 
in  said  territory  and  in  the  states  and  territories  hereafter  to 
be  erected  out  of  the  same. 

Approved  May  30,  1854. 


EDUCATIONAL  PROVISIONS  OF  THE  STATE 
CONSTITUTION. 


ARTICLE  II. 

[141.]  SECTION  23.  The  legislature,  in  providing  for  the 
formation  and  regulation  of  schools,  shall  make  no  distinc- 
tion between  the  rights  of  males  and  females. 

ARTICLE   VI. 

[177.]  SECTION  1.  The  state  superintendent  of  public  in- 
struction shall  have  the  general  supervision  of  the  common- 
school  funds  and  educational  interests  of  the  state,  and  perform 
such  other  duties  as  may  be  prescribed  by  law.  A  superin- 
tendent of  public  instruction  shall  be  elected  in  each  county, 
whose  term  of  office  shall  be  two  years,  and  whose  duty  and 
compensation  shall  be  prescribed  by  law. 

[178.]  SEC.  2.  The  legislature  shall  encourage  the  pro- 
motion of  intellectual,  moral,  scientific  and  agricultural  im- 
provement, by  establishing  a  uniform  system  of  common 
schools  and  schools  of  higher  grade,  embiacing  normal,  pre- 
paratory, collegiate  and  university  departments. 

[179.]  SEC.  3.  The  proceeds  of  all  lands  that  have  been 
or  may  be  granted  by  the  United  States  to  the  state  for  the 
support  of  schools,  and  the  500,000  acres  of  land2  granted  to 
the  new  states  under  an  act  of  Congress  distributing  the  pro- 
ceeds of  public  lands  among  the  several  states  of  the  Union, 
approved  September  4,  A.  D.  1841,  and  all  estates  of  persons 

1.  See  note  at  top  of  page  5. 

2.  This  money  was  never  in  the  school  fund. 

-1  (1) 


2  CONSTITUTIONAL  PROVISIONS. 

dying  without  heir  or  will,  and  such  per  cent  as  may  be 
granted  by  Congress  on  the  sale  of  lands  in  this  state,  shall 
be  the  common  property  of  the  state,  and  shall  be  a  perpetual 
school  fund,  which  shall  not  be  diminished,  but  the  interest 
of  which,  together  with  all  the  rents  of  the  lands,  and  such 
other  means  as  the  legislature  may  provide  by  tax  or  other- 
wise, shall  be  inviolably  appropriated  to  the  support  of  com- 
mon schools. 

[180.]  SEC.  4.  The  income  of  the  state  school  funds  shall 
be  disbursed  annually,  by  order  of  the  state  superintendent, 
to  the  several  county  treasurers,  and  thence  to  the  treasurers 
of  the  several  school  districts,  in  equitable  proportion  to  the 
number  of  children  and  youth  resident  therein,  between  the 
ages  of  five  and  twenty-one  years;  provided,  that  no  school 
district  in  which  a  common  school  has  not  been  maintained 
at  least  three  months  in  each  year  shall  be  entitled  to  receive 
any  portion  of  such  funds. 

[181.]  SEC.  5.  The  school-lands  shall  not  be  sold  unless 
such  sale  shall  be  authorized  by  a  vote  of  the  people  at  a 
general  election;  but,  subject  to  revaluation  every  five  years, 
they  may  be  leased  for  any  number  of  years  not  exceeding 
twenty-five,  at  a  rate  established  by  law. 

[182.]  SEC.  6.  All  money  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty;  the  clear 
proceeds  of  estrays,  ownership  of  which  shall  vest  in  the 
taker-up,  and  the  proceeds  of  fines  for  any  breach  of  the 
penal  laws,  shall  be  exclusively  applied  in  the  several  coun- 
ties in  which  the  money  is  paid  or  fines  collected,  to  the  sup- 
port of  common  schools. 

[183.]  SEC.  7.  Provisions  shall  be  made  by  law  for  the 
establishment,  at  some  eligible  and  central  point,  of  a  State 
University,  for  the  promotion  of  literature  and  the  arts  and 
sciences,  including  a  normal  and  agricultural  department. 
All  funds  arising  from  the  sale  of  lands  granted  by  the 
United  States  to  the  state  for  the  support  of  a  State  Univer- 
sity, and  all  other  grants,  donations,  or  bequests,  either  by  the 
state  or  by  individuals,  for  such  purpose,  shall  remain  a  per- 
petual fund,  to  be  called  the  "University  fund,"  the  interest 
of  which  shall  be  appropriated  to  the  support  of  the  State 
University. 

[184.]  SEC.  8.  No  religious  sect  or  sects  shall  ever  con- 
trol any  part  of  the  common-school  or  University  funds  of 
the  state. 

[185.]  SEC.  9.  The  state  superintendent  of  public  instruc- 
tion, secretary  of  state  and  attorney-general  shall  constitute  a 
board  of  commissioners  for  the  management  and  investment 
of  the  school  funds.  Any  two  of  said  commissioners  shall  be 
a  quorum. 

(Constitution  ratified  by  the  people  October  4,  1859.) 


CONSTITUTIONAL   PROVISIONS. 


EDUCATIONAL  PROVISIONS  OF  THE  ACT  OF 
ADMISSION. 


[264.]  SECTION  3.  ...  First:  That  sections  num- 
bered 16  and  36,  in  every  township  of  public  lands  in  said 
state,  and  where  either  of  said  sections  or  any  part  thereof 
has  been  sold  or  otherwise  been  disposed  of,  other  lands, 
equivalent  thereto  and  as  contiguous  as  may  be,  shall  be 
granted  to  said  state  for  the  use  of  schools. 

Second:  That  seventy-two  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  State  University, 
to  be  selected  by  the  governor  of  said  state,  subject  to  the  ap- 
proval of  the  commissioner  of  the  general  land-office,  and  to 
be  appropriated  and  applied  in  such  manner  as  the  legislature 
of  said  state  may  prescribe  for  the  purpose  aforesaid,  but  for 
no  other  purpose. 

Approved  January  29,  1861. 


LAWS  RELATING  TO  THE  COMMON  SCHOOLS 
OF  KANSAS. 


NOTE. — The  figures  enclosed  in  brackets,  thus  [6331],  refer  to  the 
paragraph  numbers  in  the  General  Statutes  of  1909;  the  section  num- 
bers, beginning  on  this  page,  are  in  consecutive  order,  for  convenience 
of  reference  to  the  School  Laws  of  1913.  For  example:  If  it  is  desired 
to  quote  a  section  of  the  law,  reference  should  be  stated  thus:  "Sec- 
tion — ,  School  Laws  of  1913;  section  — ,  General  Statutes  of  1909." 

Official  opinions  will  be  found  in  the  notes  at  the  bottom  of  the  pages. 

CHAPTER  L— BONDS. 

ARTICLE  I. — SCHOOL-DISTRICT  BONDS. 


§1.  Purposes  for  which  district  bonds  may 
be  issued,  and  restrictions  concern- 
ing the  same. 

2.  Bond    elections;    notices    of,    and   how 

conducted. 

3.  Denominations,    rates   of    interest,    and 

disposal  of  bonds. 

4.  Limitations  modified. 

5.  Authority  of  school-fund  commissioners. 

6.  Application  to  vote  additional  bonds. 

7.  Hearing  of  application. 

8.  Bonds  must  be  registered. 

9.  Sinking-fund,    how    provided    and    in- 

vested. 
10.    Interest  credited  to  sinking-fund. 


§11.  Penalty  for  issuing  bonds  without  au- 
thority, and  for  misappropriation 
of  the  proceeds. 

12.  Final   disposition  of  paid  bonds   and 

coupons. 

13,  14.    Bonds     belonging     to    the     state 

permanent  school  fund  may  be  paid 
or  refunded  before  maturity. 

15.  Payable  at  the  state  treasurer's  office. 

16.  State  treasurer  to  furnish  statement. 

17.  Remittance   of   funds   to   state   treas- 

urer. 

18.  Bonds  to  be  canceled  by  state  treas- 

urer. 

19.  Penalty    for    city    and    county    treas- 

urers refusing  to  act. 

SECTION  1.  School-district  Bonds.  [7631.]  That  for  the 
purpose  of  erecting  or  purchasing  one  or  more  schoolhouses  in 
and  for  any  school  district  in  the  state  of  Kansas,  the  board 
of  directors  of  the  same  shall  have  power  to  issue  the  bonds 
of  the  district  in  an  amount  not  to  exceed  one  and  one-half 
per  cent  of  its  taxable  property,  as  shown  in  the  last  assess- 
ment thereof  ;3  provided,  that  this  limitation  shall  not  apply  to 
bonds  heretofore  legally  voted.  And  for  the  purpose  of  ex- 
tending the  time  of  payment  of  the  bonded  indebtedness  of  any 
school  district,  the  board  of  directors  of  the  same  shall  have 
power  to  issue  the  bonds  of  the  district  in  a  sum  not  to  exceed 
in  amount  its  outstanding  bonded  indebtedness ;  provided,  that 
no  such  bonds  shall  be  issued  until  at  an  election4  called  for 
that  purpose  the  question  shall  have  been  submitted  to  the 
qualified  electors  of  the  district,  and  a  majority  of  all  the  qual- 
ified electors  voting  on  the  proposition  shall  have  declared  by 

3.  Bonds  issued  to  pay  indebtedness  already  contracted  are  illegal. 
School-district  bonds  can  not  be  issued  except  for  the  purpose  of  erecting 
or  purchasing  one  or  more  schoolhouses.  An  addition  to  a  schoolhouse  is 
included  in  the  term  "erecting  or  purchasing  one  or  more  schoolhouses," 
and  bonds  may  be  voted  legally  for  this  purpose. 

4.    The  Australian  ballot  law  does  not  apply  to  school-bond  elections. 

(5) 


6  BONDS — SCHOOL  DISTRICT.  [CH.  1 

their  ballots  in  favor  of  issuing  of  the  same;  and  provided 
further,  that  no  such  election  shall  be  ordered  unless  a  petition, 
stating  the  purpose  for  which  the  bonds  are  to  be  issued,  and 
signed  by  at  least  one-third  of  the  qualified  electors  of  said 
district,  shall  have  been  presented  to  the  district  board  pray- 
ing that  a  vote  be  taken  for  the  issuing  of  such  amount  of 
bonds  as  may  be  asked  for  therein ;  and  provided  further,  that 
it  shall  be  unlawful  for  any  school  district  to  create  any  bonded 
indebtedness  unless  there  are  at  least  fifteen  persons  between 
the  ages  of  five  and  twenty-one  years  actually  residing  within 
the  limits  thereof,  as  shown  by  a  sworn  census  return,  taken  by 
the  direction  of  the  board  of  directors  of  such  school  district.5 
(Laws  1909,  ch.  62,  sec.  4.) 

SEC.  2.  Election.  [7632.]  Whenever  such  a  petition,  so 
signed,  shall  be  presented  to  the  board  of  directors  of  any 
school  district,  praying  that  a  vote  be  taken  on  the  question  of 
issuing  the  bonds  of  the  said  district,  it  shall  be  the  duty  of 
the  district  board  immediately  to  order  an  election  for  the  pur- 
pose of  determining  the  question  of  the  issuing  of  bonds  as 
prayed  for,  and  forthwith  to  give  notice,  by  posting  written  or 
printed  notices,  signed  by  the  clerk,  in  five  of  the  most  public 
places  in  the  district,  which  notices  shall  be  posted  up  at  least 
ten  days6  before  such  election,  and  shall  state  therein  the 
object  for  which  the  election  was  called  and  the  manner  in 
which  the  question  shall  be  voted  upon.7  That  said  election 
shall  be  conducted  in  all  respects  as  are  general  elections  under 
the  laws  of  the  state,  except  that  females  of  the  age  of  twenty- 
one  years  shall  be  entitled  to  vote  at  all  such  elections,  subject 

5.  Build  Schoolhouse.    School  districts  having  less  than  fifteen  children 
of  school  age  within  their  limits  are,  by  the  terms  of  the  law  providing  for 
the  issuance  of  school-district  bonds,  prohibited  and  debarred  from  raising 
funds  for  the  building  or  purchase  of  schoolhouses  by  the  issuance  of 
school-district  bonds.     Such   school  districts  can  provide  funds  for  the 
building  of  schoolhouses  by  issuing  school-district  warrants,  to  the  extent 
and  within  the  limitation  of  section  7407,  General  Statutes  of  1909  (sec- 
tion 261  of  this  book) ,  but  not  otherwise.    It  is  within  the  power  of  school 
districts,  under  said  section,  to  vote  a  tax  annually,  not  exceeding  four 
and  one-half  mills  on  the  taxable  property  in  the  district,  for  school  pur- 
poses, and  to  distribute  such  portion  of  the  amount  of  such  tax  as  the 
school  meeting  shall  deem  proper  for  the  purpose  of  building,  hiring  or 
purchasing  a  schoolhouse  for  the  district.     Beyond  this  the  district  can 
not  go.     School  warrants  for  building  schoolhouses  can  not  be  issued  in 
excess  of  the  amount  authorized  by  law,  upon  the  expectation  that  in 
subsequent  years  the  school  district  will  provide  funds  for  the  payment  of 
the  same  by  taxation. 

6.  Ten  days  should  intervene  between  the  date  of  posting  the  election 
notices  and  the  day  of  the  election,  without  counting  either  of  the  two 
dates. 

i  JM  Th(L  utm.ost  care  should  be  had  in  complying  with  the  law  in  every 
detail ;  otherwise  the  bonds  may  be  invalid  or  their  sale  aff ected  by  tteir 
unfavorable  history. 


CH.  1]  BONDS — SCHOOL  DISTRICT.  7 

only  to  the  exceptions  applied  to  males ;  and  the  returns  of  the 
election  shall  be  the  same,  except  that  they  shall  be  made  to 
the  district  board.  (Laws  1879,  ch.  49,  sec.  2.) 

SEC.  3.  Issuance.  [7633.]  The  bonds  herein  provided  for 
shall  be  issued  in  denominations  of  not  less  than  $100  nor 
more  than  $500  each;8  they  shall  bear  interest  at  a  rate  not 
to  exceed  six  per  cent  per  annum,  payable  semiannually  on 
the  1st  days  of  January  and  July  of  each  year,  at  such  place 
as  shall  be  designated  in  the  bonds,  the  principal  of  the  bonds 
being  made  payable  within  fifteen  years  from  their  date. 
These  bonds  shall  specify  on  their  face  the  date  of  issue, 
amount,  for  what  purpose  and  to  whom  issued,  the  time  they 
run,  the  rate  and  times  of  payment  of  interest,  and  shall  have 
coupons  attached  for  the  interest  as  it  becomes  due,  said 
coupons  being  so  arranged  that  the  last  one  shall  fall  due  at 
the  time  of  the  maturity  of  the  bond.  Said  bonds  and  the 
coupons  thereto  attached  shall  be  signed  by  the  director  and 
countersigned  by  the  clerk,  and  after  registration  by  the 
county  clerk  shall  be  negotiable  and  transferable  by  delivery, 
and  may  be  disposed  of  by  the  district  board  at  not  less  than 
ninety-five  cents  on  the  dollar,  and  the  proceeds  of  the  same 
applied  as  provided  for  in  the  petition  at  which  issuance  of 
the  bonds  was  authorized.  (Laws  1879,  ch.  49,  sec.  3.) 

SEC.  4.  Limitations  Modified.  [Laws  1911,  ch.  257,  sec.  1.] 
The  limitations  placed  by  the  statutes  upon  the  voting  of 
bonds  in  cities  and  school  districts  for  the  purpose  of  erecting 
school  buildings  may  be  modified  as  in  this  act  provided. 

SEC.  5.  Authority  of  School-fund  Commissioners.  [Laws 
1911,  ch.  257,  sec.  2.]  The  Board  of  School-fund  Commission- 
ers of  the  state  of  Kansas  is  hereby  authorized  and  empowered 
to  make  an  order  authorizing  any  city  or  school  district  to 
vote  bonds  for  the  purpose  of  erecting  school  buildings  to  an 
amount  of  not  more  than  fifty  per  cent  in  excess  of,  and  in 
addition  to,  the  amount  of  bonds  that  may  be  voted  under  laws 
now  in  force. 

SEC.  6.  Application  to  Vote  Additional  Bonds.  [Laws  1911, 
ch.  257,  sec.  3.]  The  power  of  the  said  Board  of  School-fund 
Commissioners  herein  may  be  invoked  by  the  filing  with  it  of 
an  application  by  the  board  of  education  of  a  city  or  by  the 
school-district  board  of  a  school  district  that  the  permission 
of  the  said  Board  of  School-fund  Commissioners  be  given  for 
the  voting  and  issuance  of  additional  bonds  as  provided  in  the 
preceding  section.  The  said  application  shall  be  accompanied 
by  a  petition  to  the  board  of  education  or  the  school-district 
board,  signed  by  not  less  than  one-half  of  the  number  of  elec- 

8.  Bonds  should  be  issued  in  denominations  of  $100,  $200,  and  $500,  to 
conform  to  the  printed  bonds  furnished  to  districts  by  the  School-fund 
Commissioners. 


8  BONDS— SCHOOL  DISTRICT.  [CH.  1 

tors  who  may  be  entitled  to  vote  for  an  issuance  of  bonds  under 
the  laws  in  force  at  the  time  of  the  taking  effect  of  this  act, 
requesting  that  an  application  as  hereinbefore  provided  shall 
be  filed  with  the  said  Board  of  School-fund  Commissioners. 
Notice  of  the  intention  to  file  such  application  shall  be 
given  to  the  electors  by  a  publication  in  the  official  county 
paper,  in  form  to  be  prescribed  by  the  said  Board  of  School- 
fund  Commissioners;  and  the  said  board  shall  also  prescribe 
all  rules  and  regulations  which  may  be  found  necessary  to 
properly  carry  out  the  provisions  of  this  act,  including  rules 
in  relation  to  the  evidence  required  in  support  of  the  appli- 
cation and  the  method  of  furnishing  such  evidence. 

SEC.  7.  Hearing  of  Application.  [Laws  1911,  ch.  257,  sec. 
4.]  The  said  application  shall  be  heard  by  the  Board  of 
School-fund  Commissioners  upon  a  day  fixed,  and  the  board 
of  education  or  school-district  board  be  so  notified ;  and  which 
hearing  shall  be  at  the  county  seat  of  the  county  whence  the 
application  comes;  and  the  said  board  shall  make  an  order 
either  granting  or  denying  said  application;  and  if  the  order 
made  shall  grant  the  application  and  call  for  an  election  to 
vote  upon  the  question  of  issuing  said  increased  amount  of 
bonds,  the  election  so  called  shall  be  held  in  all  respects  as  is 
provided  by  laws  in  operation  at  the  time  of  the  taking  effect 
of  this  act,  and  any  bonds  so  voted  and  issued  pursuant  to  such 
election  shall  be  in  all  respects  legal  and  valid  bonds  of  the 
city  or  school  district  which  votes  and  issues  them. 

SEC.  8.  Registration.  [7634.]  Before  delivering  any 
school-district  bonds,  the  board  of  directors  of  the  district 
issuing  the  same  shall  cause  them  to  be  registered  with  the 
clerk  of  the  county  in  which  the  said  district  is  located. 
And  it  shall  be  the  duty  of  the  county  clerk,  on  presentation 
of  any  school  bonds  for  registry,  to  register  the  same  in  a 
book  prepared  for  that  purpose,  which  register  shall  contain 
(1)  the  number  of  the  district;  (2)  the  number  of  the  bond; 
(3)  date  of  bond;  (4)  to  whom  payable;  (5)  when  [where] 
payable;  (6)  when  due;  (7)  when  interest  is  due ;  (8)  amount 
of  bond.  The  county  clerk  shall  furnish  one  copy  of  his  reg- 
ister to  the  county  treasurer,  and  forward  one  copy  to  the 
state  superintendent,  together  with  a  statement  showing,  (1) 
the  number  of  sections  of  land  in  the  district  issuing  such 
bonds;  (2)  the  number  of  acres  of  land  assessed  and  subject 
to  taxation  in  said  district;  (3)  the  assessed  valuation  of 
taxable  lands;  (4)  the  assessed  valuation  of  all  personal  prop- 
erty in  such  district;  which  statement  shall  be  signed  by  each 
member  of  the  school  board  issuing  the  bonds,  and  the  county 
clerk  shall  certify  under  the  official  seal  of  his  office  to  the 
correctness  of  the  statement  and  the  genuineness  of  the  signa- 
tures attached  thereto.  (Laws  1879,  ch.  49,  sec.  4.) 

SEC.  9.  Interest  and  Sinking-fund.  [7635.]  It  shall  be 
the  duty  of  the  board  of  county  commissioners  of  each  county 


CH.  1]  BONDS — SCHOOL  DISTRICT.  9 

to  levy,  annually,  upon  all  the  taxable  property  in  each  dis- 
trict in  such  county,  a  tax  sufficient  to  pay  the  interest  accru- 
ing upon  any  bonds  issued  by  such  district,  and  to  provide  a 
sinking-fund  for  the  final  redemption  of  the  bonds,  such  levy 
to  be  made  with  the  annual  levy  of  the  county  and  the  taxes 
collected  with  the  other  taxes,  and  when  collected  shall  be  and 
remain  in  the  hands  of  the  county  treasurer,  a  specific  fund  for 
the  payment  of  the  interest  upon  such  bonds,  and  for  their 
final  payment  at  maturity;9  provided,  that  moneys  in  the 
hands  of  the  county  treasurer  belonging  to  the  sinking-fund  of 
the  several  school  districts  in  such  county  shall  be  invested  by 
the  county  treasurer,  (1)  in  the  bonds  of  the  district  to  which 
said  sinking-fund  belongs,  provided  such  bonds  can  be  pur- 
chased at  a  price  not  exceeding  their  market  or  par  value;  (2> 
in  the  bonds  of  other  school  districts  of  this  state  maturing  be- 
fore the  bonds  for  which  such  fund  is  raised,  provided  the 
same  can  be  purchased  at  a  price  not  exceeding  their  market  or 
par  value;  (3)  in  the  bonds  of  the  state  of  Kansas,  or  of  the. 
United  States.  (Laws  1879,  ch.  49,  sec.  5.) 

SEC.  10.  Interest  Credited  to  Sinking-fund.  [Laws  1911, 
ch.  288,  sec.  1.]  That  whenever  any  city,  township  or  school 
district  sinking-fund  shall  amount  to  $500  and  shall  have  been 
in  the  hands  of  the  county  treasurer  for  the  period  of  one  year, 
it  shall  be  the  duty  of  such  treasurer,  and  he  is  hereby  re- 
quired, to  credit  any  such  sinking-fund  with  its  proportional 
share  of  the  interest  thereafter  accruing  from  the  deposit  by 
such  treasurer  of  the  public  moneys  in  banks  as  provided  by 
law,  and  thereafter  such  interest  shall  belong  to  and  be  a  part 
of  such  sinking-fund,  and  the  same  shall  no  longer  belong  to 
the  county. 

SEC.  11.  Penalty  for  Issuing  Illegally.  [7636.]  If  any  school- 
district  officer,  whose  duty  it  is  under  the  provisions  of  this 
act  to  issue  or  assist  in  any  manner  in  the  issuance  of  the 
bonds  of  any  school  district,  shall  prepare,  sign  or  deliver,  or 
aid,  counsel  or  assist  in  preparing,  signing  or  delivering,  or 
shall  cause  to  be  prepared,  signed,  or  delivered,  any  bond  or 
bonds  of  any  school  district,  at  any  time  before  such  bond  or 
bonds  are  authorized  by  this  act  to  be  prepared,  signed  or  de- 
livered, such  officer  shall  be  guilty  of  a  felony,  and  upon  con- 
viction shall  be  fined  in  a  sum  of  not  less  than  $500  nor  more 
than  $5000,  or  by  imprisonment  in  the  penitentiary  for  nDt 
less  than  one  year  and  not  longer  than  five  years,  or  by  both 
such  fine  and  imprisonment.  And  if  the  board  of  directors 
of  any  school  district,  or  any  member  thereof,  shall  use  or 
dispose  of  any  school  district  bonds,  or  the  money  accruing 
from  the  sale  of  such  bonds,  in  any  other  manner  or  for  any 
other  purpose  than  that  for  which  the  same  was  created  or 

9.  The  sinking-fund  can  not  legally  be  used  in  payment  of  any  other 
obligation  than  that  for  which  it  was  levied. 


10  BONDS — SCHOOL  DISTRICT.  [CH.  1 

intended,  he  or  they  shall  be  liable  to  be  punished  by  fine  in 
any  sum  not  less  than  $1000,  by  information  or  indictment 
in  any  court  of  competent  jurisdiction,  or  by  imprisonment 
in  the  county  jail  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment.  (Laws  1879,  ch.  49,  sec.  6.) 

SEC.  12.  Final  Disposition.  [7637.]  On  the  payment  of  the 
bonds  or  coupons  of  any  school  district,  the  county  treasurer 
shall  immediately  cancel  the  same,  and  indorse  thereon  the 
date  of  payment;  and  at  the  time  of  his  settlements  with  the 
several  school-district  treasurers  of  his  county  he  shall  de- 
liver to  each  the  canceled  bonds  and  coupons  of  his  district, 
and  take  a  receipt  therefor,  and  such  canceled  bonds  and 
coupons  shall  be  destroyed  by  the  district  treasurer  in  the 
presence  of  all  the  officers  of  the  district,  a  complete  record 
of  their  destruction  being  made  by  the  district  clerk.  On 
the  last  Saturday  of  July  of  each  year,  each  and  every  county 
treasurer  shall  make  to  the  clerk  of  his  county  a  detailed  re- 
port of  all  the  bonds  and  coupons  canceled  during  the  year, 
and  the  date  of  payment  of  the  same,  accompanied  by  the 
receipts  given  by  district  treasurers  therefor;  and  the  county 
clerk  shall  immediately  thereafter  cancel  the  registry  of  all 
such  bonds  and  coupons  by  indorsing  thereon  the  date  of 
payment  of  each.  (Laws  1879,  ch.  49,  sec.  7.) 

NOTE. — All  school  bonds  must  first  be  offered  to  the  School-fund  Com- 
mission, and  the  commission  has  the  option  to  purchase  same  at  not  more 
than  par.  See  section  530  of  this  book. 

SEC.  13.  Payment  before  Maturity.  [7716.]  If  at  any  time 
any  board  of  education,  school  district,  township,  county  or 
city  of  any  class  shall  have  accumulated  in  the  treasury  sink- 
ing-fund sufficient  to  pay  in  full  any  bond  or  bonds  issued  by 
such  board  of  education,  school  district,  township,  county  or 
city  of  any  class  before  the  maturity,  the  state  permanent 
school  fund,  State  Normal  School  fund,  or  the  University  per- 
manent school  fund,  or  Agricultural  College  endowment  fund 
being  the  holders  thereof,  such  board  of  education,  school 
district,  township,  county  or  city  of  any  class  may  pay  the 
same  to  the  state  treasurer  at  the  time  any  interest  coupon  is 
due,  and  take  up  such  bond  or  bonds,  and  the  state  treasurer  is 
hereby  authorized  to  receive  the  same  and  cancel  such  bond  or 
bonds  and  the  unmatured  coupons  attached  thereto,  and  deliver 
the  same  so  canceled  to  the  officer  paying  the  amount ;  provided, 
that  the  state  treasurer,  before  delivering  said  bond  or  bonds, 
shall  present  the  same  to  the  auditor  of  the  state,  together 
with  a  statement  showing  the  amount  of  coupons  upon  which 
no  moneys  have  been  received,  and  upon  examining  such  state- 
ment, and  comparing  with  the  coupons  attached  to  such  bond 
or  bonds,  the  auditor  shall  credit  the  treasurer  with  the 
amounts  shown  to  be  canceled  before  maturity.  (Laws  1905, 
ch.  382,  sec.  1.) 


CH.  1]  BONDS — SCHOOL  DISTRICT.  11 

SEC.  14.  Payment  before  Maturity — Additional  Provisions. 
[605]  Whenever  any  county,  city,  township  or  school  district 
in  this  state  shall  owe  any  outstanding  and  unmatured  bonds, 
and  at  the  same  time  shall  have  in  its  treasury  any  sinking- 
funds  raised  to  pay  such  bonds,  the  proper  officers  of  such 
county,  city,  township  or  school  district  may  use  sucti  funds  to 
purchase  or  pay  any  of  such  bonds  and  cancel  the  same,  when- 
ever they  can  be  so  purchased  or  paid  at  or  below  par,  or  at 
such  reasonable  price  above  par  as  may  be  requested  by  a  ma- 
jority of  the  resident  taxpayers  of  such  county,  city,  township, 
or  school  district,  and  which  request  may  be  made  by  a  written 
petition  to  that  effect,  directed  to  such  officers.  (Laws  1905, 
ch.  72,  sec.  1.) 

SEC.  15.  Payable  at  State  Treasury.  [622.]  From  and  after 
the  taking  effect  of  this  act  all  bonds  issued  by  the  state,  or  any 
county,  township,  municipality,  or  school  district,  and  the  in- 
terest coupons  thereon,  shall  be  made  payable  at  the  office  of 
the  state  treasurer,  in  the  city  of  Topeka,  in  the  state  of  Kan- 
sas. (Laws  1908,  ch.  58,  sec.  2.) 

SEC.  16.  State  Treasurer  to  Furnish  Statement.  [7705.,]  At 
least  thirty  days  before  the  maturity  of  any  bonds  or  coupons 
belonging  to  the  permanent  school  fund  or  sinking-fund,  it 
shall  be  the  duty  of  the  state  treasurer  to  furnish  a  detailed 
statement  to  each  county  or  city  treasurer,  or  the  treasurer  of 
any  board  of  education,  of  the  amount  due  from  them 
respectively,  describing  in  such  statement  the  number  of  the 
district  or  the  name  of  the  city,  the  amount  of  interest  due,  and 
the  amount  of  principal  due,  if  any.  (Laws  1877,  ch.  174, 
sec.  2.) 

SEC.  17.  Remittance  of  Funds.  [7706.]  It  shall  be  the  duty 
of  each  county  and  city  treasurer,  and  the  treasurers  of  boards 
of  education,  to  remit  to  the  state  treasurer,  at  least  ten  days 
before  the  maturity  of  any  bonds  or  coupons,  all  moneys  col- 
lected by  them  for  the  redemption  of  such  bonds  and  coupons, 
and  all  express  charges  and  postage  shall  be  a  proper  charge 
against  such  city  or  school  district  and  shall  be  allowed  to  such 
treasurer  on  settlement.  (Laws  1877,  ch.  174,  sec.  3.) 

SEC.  18.  Cancellation.  [7707.]  On  receipt  of  any  funds  by 
the  state  treasurer,  he  shall  immediately  cancel  all  coupons  or 
bonds  for  which  funds  are  remitted,  and  return  such  coupons 
or  bonds  to  the  office  of  the  treasurer  remitting  the  same. 
(Laws  1877,  ch.  174,  sec.  4.) 

SEC.  19.  Penalty.  [7708.]  Any  county  or  city  treasurer, 
or  treasurer  of  any  board  of  education,  who  shall  neglect  or 
refuse  to  perform  the  duties  required  of  him  by  this  act,  shall 
be  liable  to  the  state  in  a  sum  equal  to  double  the  amount  of 
such  bonds  or  coupons  remaining  unpaid  by  reason  of  such 
neglect  or  refusal,  which  may  be  recovered  in  a  suit  at  law 


12 


BONDS — REFUNDING. 


[CH.l 


against  such  treasurer  and  his  bondsmen;  and  it  is  hereby 
made  the  duty  of  the  county  attorney  of  the  proper  county, 
upon  the  request  of  the  attorney-general,  to  prosecute  all  such 
suits.  (Laws  1877,  ch.  174,  sec.  5.) 


ARTICLE  II. — REFUNDING  BONDS. 


§20. 


Bonded     indebtedness     may     be     re- 
funded. 

21.  Bonds  shall  be  signed  by  whom. 

22.  Bonds  issued,  how  and  when. 

23.  Bonds    issued    for    payment    of    out- 

standing warrants. 

24.  Bonds  shall  be  registered. 

25.  Indebtedness   shall   not   be    increased, 

when. 

26.  Annual  levy  for  interest  and  sinking- 

fund. 

.27;  :  County     treasurer     may     make     levy, 
when. 


31. 
32. 

33. 
34. 
35. 
36. 


§28.    Sinking-fund,  when  and  how  created. 

29.  Investment  of  sinking-fund. 

30.  Coupons  paid  and  destroyed. 
Penalty  for  wrongful  use  of  money. 
Coupons  when  due  shall  be  receivable 

for  taxes  by  corporation  issuing. 
Merged  districts  may  refund  bonds. 
Form  of  bonds. 
Commissioners  to  levy. 
Suits  against  merged  districts. 

37.  May  take  up  merged-district  bonds. 

38.  Law  governing  such  indebtedness. 

39.  Bonds  of  disorganized  districts. 

20.  Bonded  Indebtedness  may  be  Refunded.  [Laws 
191V  ch.  67,  sec.  1.]  That  section  588  of  the  General  Stat- 
utes of  Kansas  of  1909  be  and  the  said  section  is  hereby 
amended  to  read  as  follows:  Sec.  588.  Every  county,  every 
city  of  the  first,  second  or  third  class,  the  board  of  education 
of  any  city,  every  township  and  every  school  district  is  hereby 
authorized  and  empowered  to  compromise  and  refund  its 
bonded  indebtedness,  including  coupons  and  judgments  thereon, 
upon  such  terms  as  can  be  agreed  upon,  and  to  issue  new  bonds 
with  semiannual  interest  coupons  attached  in  payment  for  any 
sums  so  compromised;  which  bonds  shall  be  sold  at  not  less 
than  par,  shall  not  be  for  a  longer  period  than  thirty  years, 
shall  not  exceed  in  amount  the  actual  amount  of  outstanding 
indebtedness,  inclusive  of  attached  coupons,  and  shall  not 
draw  a  greater  interest  than  six  per  cent  per  annum.  No 
indebtedness  of  any  kind  shall  be  funded  or  refunded  under 
the  provisions  of  this  act  except  bonded  indebtedness  actually 
existing  at  the  time  of  the  passage  of  this  act  or  hereafter 
legally  created;  and  nothing  herein  contained  shall  be  con- 
strued to  validate  or  invalidate  any  existing  bonded  indebted- 
ness ;  provided,  that  whenever  any  of  the  property  of  any  city 
of  the  first  class  having  a  population  of  40,000  and  over  is 
subject  to  an  indebtedness  consisting  of  mortgage  bonds,  and 
such  city  of  the  first  class  has  paid  in  cash  more  than  fifty  per 
cent  of  the  purchase  price  of  such  property,  then  such  mort- 
gage bonds  shall  be  deemed  to  be  bonded  indebtedness  of  such 
city  within  the  meaning  of  this  act. 

NOTE. — Maturing  interest  coupons  may  be  included,  but  unearned  in- 
terest coupons  should  not  be  included.  See  Kelly  v.  Cole,  63  Kan.  386. 

SEC.  21.  Bonds  Shatt  be  Signed  by  Whom.  [589.]  Bonds 
issued  under  this  act  by  any  county  shall  be  signed  by  the 
chairman  of  the  board  of  county  commissioners,  and  attested 
by  the  county  clerk,  under  the  seal  of  the  county.  Bonds 
issued  by  any  city  shall  be  signed  by  the  mayor,  and  attested 


CH.  1]  BONDS— REFUNDING.  13 

by  the  city  clerk,  under  the  seal  of  the  city.  Bonds  issued 
by  any  township  shall  be  signed  by  the  trustee,  attested  by 
the  township  clerk,  and  countersigned  by  the  township  treas- 
urer. Bonds  issued  by  the  board  of  education  of  any  city  shall 
be  signed  by  the  president,  and  attested  by  the  clerk  of  the 
board,  under  the  seal  of  such  board.  Bonds  issued  by  any 
school  district  shall  be  signed  by  the  director,  attested  by  the 
clerk,  and  countersigned  by  the  treasurer  of  the  school-district 
board,  and  the  coupons  shall  be  signed  by  the  mayor,  president, 
director,  trustee,  or  chairman  of  the  board  of  county  commis- 
sioners, and  the  clerks  respectively.  Such  bonds  may  be  in 
any  denomination,  from  $100  to  $1000,  and  made  payable  at 
such  place  as  may  be  designated  upon  the  face  thereof,  and 
they  shall  contain  a  recital  that  they  are  issued  under  this  act. 
(Laws  1879,  ch.  50,  sec.  2.) 

SEC.  22.  How  Issued  and  When.  [590.]  When  a  compro- 
mise has  been  agreed  upon,  it  shall  be  the  duty  of  the  proper 
officers  to  issue  such  bonds  at  the  rate  agreed  upon  to  the  holder 
of  such  indebtedness,  in  the  manner  prescribed  in  this  act ;  but 
no  bonds  shall  be  issued  under  this  act  until  the  proper  evidence 
of  the  indebtedness  for  which  the  same  are  to  be  issued  shall 
be  delivered  up  for  cancellation;  provided,  that  no  bonded  in- 
debtedness shall  be  refunded  by  the  board  of  county  commis- 
sioners, or  any  mayor  and  city  council,  or  any  board  of 
trustees  of  any  township,  or  any  school-district  board,  or 
board  of  education,  under  this  act,  except  such  as  have  been 
issued  and  outstanding  at  least  two  years  at  the  time  of  such 
refunding;  and  provided  further,  that  except  for  the  refund- 
ing of  outstanding  debt,  including  outstanding  bonds  and 
matured  coupons  thereof,  or  judgment  thereon,  no  bonds  of 
any  class  or  description  shall  hereafter  be  issued  where  the 
total  bonded  indebtedness  of  such  county  or  township  would 
thereby  exceed  one  per  cent10  of  the  assessment  for  taxation, 
as  shown  by  the  last  finding  and  determination  by  the  proper 
board  of  equalization,  or  of  such  city,  school  district  or  board 
of  education  exceed  one  and  one-fifth  per  cent  of  such  assess- 
ment; but  this  restriction  shall  not  apply  to  cities  of  the  first 
class.  (Laws  1909,  ch.  62,  sec.  2.) 

SEC.  23.  Bonds  Issued  for  Payment  of  Outstanding  War- 
rants. [Laws  1913,  ch.  276,  sec.  1.]  That  the  school  districts 
in  the  state  of  Kansas,  prior  to  the  passage  of  this  act  having 
outstanding  warrants  representing  valid  indebtedness  of  the 
districts  be,  and  they  are  hereby,  empowered  and  authorized 
by  and  through  their  duly  elected,  constituted  and  appointed 
boards  of  directors  or  duly  elected,  qualified  and  acting  boards 
of  education  to  compromise  and  refund  such  indebtedness 

10.  Bonds  can  not  be  issued  to  exceed  one  and  one-half  per  cent  for  all 
purposes,  except  as  provided  in  sections  4  to  7.  See  section  1. 


14  BONDS — REFUNDING.  [CH.  1 

upon  such  terms  as  can  be  agreed  upon  and  to  issue  the  bonds 
of  said  district  in  any  amount  not  to  exceed  the  actual  value 
of  said  warrant  indebtedness,  nor  to  exceed  five  per  cent  of 
the  assessed  valuation  of  all  the  taxable  property  in  said  dis- 
trict as  ascertained  by  the  assessor  of  the  year  1910 ;  that  said 
bonds  may  be  issued  in  any  amount  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars,  with  semi-annual 
interest  coupons  attached  and  shall  be  issued  in  all  respects  in 
conformity  to,  and  in  accordance  with  an  act  entitled  "An  act 
to  enable  counties,  municipal  corporations,  boards  of  education 
of  any  city  and  school  district  to  refund  their  indebtedness," 
being  general  sections  588  to  598  inclusive  of  the  General  Stat- 
utes of  1909,  provided  that  no  limitation  expressed  in  either 
act  shall  apply  to  bonds  issued  under  this  act. 

SEC.  24.  Bonds  Registered.  [591.]  The  clerk  of  every 
county,  city,  township,  school  district  and  board  of  education 
issuing  bonds  under  this  act  shall  register  the  same  in  his 
office.  Such  bonds  shall  also,  in  every  case,  be  registered  by 
the  county  clerk,  showing  the  date,  number  and  amount 
thereof,  rate  of  interest,  number  of  coupons  and  amount  of 
each,  to  whom  payable,  where  payable,  date  of  maturity,  and, 
if  optional,  under  what  conditions;  and  all  bonds  refunded 
under  this  act  shall  have  the  words  "Paid  in  full"  marked  in 
a  plain  manner  across  the  face  of  each  bond  and  coupon  so 
refunded,  and  such  canceled  obligations  shall  be  carefully 
preserved  in  the  office  of  the  county  clerk,  or  destroyed  by  the 
county  commissioners,  a  register  of  the  number,  amount  and 
date  of  issue  having  been  first  made  by  the  county  clerk.  The 
proper  officers  shall,  at  the  time  of  issuing  refunding  bonds, 
make  out  and  transfer  to  the  auditor  of  state  a  certified  state- 
ment of  all  proceedings  had  by  the  proper  board  or  city  coun- 
cil, as  shown  of  record,  and  that  the  said  bonds  have  been 
issued  for  value,  in  all  respects  in  conformity  to  this  act,  for 
certain  indebtedness  surrendered,  distinctly  describing  the 
bonds  issued  and  the  indebtedness  surrendered,  and  that  they 
have  been  duly  registered  by  the  attesting  clerk  and  the  county 
clerk,  as  required  herein,  which  statement  shall  be  in  such 
form  and  include  such  other  information  as  the  auditor  of 
state  may  require,  and  be  signed  by  all  the  officers  whose  sig- 
natures are  attached  to  such  bonds,  and  attested  by  the  proper 
clerk  with  the  corporate  seal  of  the  county,  city,  township, 
school  district,  or  board  of  education,  if  any,  and  be  duly 
acknowledged  before  the  county  clerk;  and  the  auditor  shall, 
upon  being  satisfied  that  such  bonds  have  been  issued  accord- 
ing to  the  provisions  of  this  act,  and  that  the  signatures 
thereto  of  the  officers  signing  the  same  are  genuine,  register 
the  same  in  his  office  in  a  book  kept  for  that  purpose,  and 
shall,  under  his  seal  of  office,  certify  upon  such  bonds  the  fact 
that  they  have  been  registered  in  his  office  according  to  law. 
(Laws  1891,  ch.  163,  sec.  3.) 


CM.  1]  BONDS — REFUNDING.  15 

SEC.  25.  Indebtedness  Not  to  be  Increased.  [592.]  In  all 
cases  in  which  any  county,  city,  township,  the  board  of  educa- 
tion of  any  city,  or  school  district,  shall  effect  a  compromise 
of  its  indebtedness  under  this  act,  at  a  rate  of  sixty-five  per 
cent  or  less  upon  the  amount  of  such  indebtedness,  and  shall 
issue  bonds  therefor  under  the  provisions  of  this  act,  such 
county,  city,  township,  the  board  of  education  of  any  city  or 
such  school  district  so  compromising  at  such  a  rate,  shall  never 
increase  its  indebtedness  beyond  the  amount  of  such  refunding 
bonds  so  issued  under  this  act  until  the  same  are  paid  or 
liquidated,  and  any  bonds  that  may  be  issued  or  indebtedness 
created  in  addition  to  such  amount  of  refunding  bonds  so  issued 
shall  be  absolutely  null  and  void.  (Laws  1879,  ch.  50,  sec.  5.) 

SEC.  26.  Annual  Levy.  [593.]  In  every  instance  in  which 
any  county,  city,  township,  the  board  of  education  of  any  city, 
or  any  school  district,  shall  issue  bonds  under  this  act,  it  shall 
be  the  imperative  duty  of  the  proper  officers  of  such  county, 
city,  township,  the  board  of  education  of  any  city,  or  of  such 
school  district,  whose  duty  it  may  be  to  levy  taxes,  to  annually 
levy,  at  the  time  of  making  the  levy  of  other  taxes,  a  tax  suf- 
ficient in  amount  to  pay  the  interest  upon  said  bonds  and  the 
coupons  as  they  become  due,  and  to  create  a  sinking-fund  as 
provided  for  in  this  act  for  the  payment  of  the  principal  of 
such  bonds;  and  if  such  officers  fail  or  neglect  to  make  such 
levy,  it  shall  be  the  duty  of  the  county  clerk  forthwith  to  levy 
such  tax ;  and  in  case  any  such  officer  shall  neglect  or  refuse  to 
levy  any  such  tax  at  the  time  aforesaid,  and  in  case  any  county 
clerk  shall  neglect  or  refuse  to  extend  such  tax  upon  the  tax- 
roll  of  the  county  at  the  proper  time,  then,  and  in  that  case, 
any  such  officer  so  neglecting  or  refusing  to  levy  or  extend 
such  tax  shall  be  severally  and  individually  liable,  and  shall 
also  be  liable  upon  his  official  bond  to  the  holder  of  any  such 
bond  or  coupon  falling  due  during  the  year  for  which  such 
tax  should  have  been  levied  or  extended  for  the  full  amount 
thereof,  as  soon  as  the  same  is  due,  which  liability  may  be 
enforced  in  a  civil  action  in  the  name  of  such  holder;  and  any 
such  officer  so  neglecting  or  refusing  to  levy  or  extend  such  tax 
shall  also  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  an  amount  equal  to  the  amount 
which  it  may  be.  shown  should  have  been  so  levied  or  extended 
during  such  year,  or  imprisoned  in  the  county  jail  for  a  term 
of  not  less  than  three  nor  more  than  twelve  months.  (Laws 
1879,  ch.  50,  sec.  6.) 

SEC.  27.  County  Treasurer  to  Make  Levy.  [594.]  Should 
the  proper  officers  whose  duty  it  is  to  levy  the  taxes  to  pay 
such  bonds  and  coupons  fail  or  neglect  to  make  such  levy  as 
provided  for  in  this  act,  it  shall  be  the  duty  of  the  auditor  of 
state,  at  any  time  thereafter,  to  ascertain  the  amount  of  in- 
terest and  sinking-fund  or  principal  of  such  bonds,  accrued 


16  BONDS — REFUNDING.  [CH.  1 

and  to  accrue  during  that  year,  and  shall  certify  the  amount 
thereof  to  the  treasurer  of  the  county  in  which  such  bonds 
were  issued,  setting  forth  the  amount  thus  due,  and  whether 
from  the  county  or  from  a  particular  city,  township,  the  board 
of  education  of  any  city  or  school  district  within  such  county ; 
and  it  shall  be  the  duty  of  such  county  treasurer,  immediately 
upon  receiving  such  certified  statement  from  the  auditor  of 
state,  to  proceed  to  ascertain  from  the  assessment  roll  of  the 
county  the  amount  of  taxable  property  in  'such  county,  city, 
township,  the  board  of  education  of  any  city,  or  such  school 
district,  and  what  percentage  is  required  to  be  levied  thereon 
to  pay  said  interest  and  sinking-fund  or  principal,  and  when 
so  ascertained  shall  levy  such  percentage  upon  the  taxable 
property  of  such  county,  city,  township,  the  board  of  education 
of  any  city,  or  such  school  district,  as  may  be  liable  thereto, 
and  shall  immediately  place  the  same  upon  the  tax-roll  of  the 
county,  in  a  separate  column  or  columns,  designating  the  pur- 
pose for  which  said  taxes  are  levied;  and  the  said  taxes  shall 
be  collected  by  the  county  treasurer  of  such  county  in  the 
same  manner  that  other  taxes  are  collected.  And  should  such 
county  treasurer  neglect  or  refuse  to  levy  such  tax  and  place 
the  same  upon  the  tax-roll  for  collection,  as  herein  provided, 
he  shall  be  personally  liable,  and  also  liable  upon  his  official 
bond  to  the  holder  of  any  such  bonds  or  coupons  then  due  for 
the  full  amount  thereof,  and  shall  also  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  imprisoned 
in  the  county  jail  for  not  less  than  three  nor  more  than  twelve 
months.  (Laws  1879,  ch.  50,  sec.  7.) 

SEC.  28.  Sinking-fund.  [595.]  It  shall  be  the  duty  of  every 
county,  city,  township,  the  board  of  education  of  any  city,  and 
of  every  school  district,  issuing  bonds  under  this  act,  and  of  the 
proper  officers  thereof,  to  create  a  sinking-fund,  and  to  levy 
annually  a  sufficient  tax  therefor,  for  the  redemption  of  such 
bonds,  which  shall  be  collected  as  other  taxes,  and  paid  into 
the  treasury  as  provided  by  law  for  other  taxes,  and  shall  re- 
main as  a  specific  fund  for  the  redemption  of  said  bonds; 
the  amount  of  which  sinking-fund  shall  be  as  follows:  In 
every  instance  in  which  bonds  shall  be  issued  under  this 
act  for  twenty  years  or  less,  the  quotient  found  by  dividing 
the  amount  of  the  principal  of  such  bonds  by  such  number  of 
years  shall  be  the  amount  of  sinking-fund  to  be  levied  each 
year  for  the  redemption  of  such  bonds ;  but  in  every  instance  in 
which  such  bonds  shall  be  issued  for  more  than  twenty  years,  it 
shall  not  be  necessary  to  create  a  sinking-fund,  or  to  levy  a  tax 
therefor,  until  the  twentieth  year  prior  to  the  maturity  of  such 
bonds,  at  which  time,  and  each  year  thereafter,  one  twentieth 
of  the  principal  amount  of  such  bonds  shall  be  levied  as  a  sink- 
ing-fund for  the  redemption  of  such  bonds ;  provided,  that  any 
county,  city,  township,  the  board  of  education  of  any  city,  or 


CH.  1]  BONDS — REFUNDING.  17 

any  school  district  issuing  bonds  under  this  act,  may  buy  in  and 
cancel  any  such  bonds  whenever  the  same  can  be  done  at  or 
below  par ;  and  provided  further,  that  such  sinking-fund,  when 
not  required  for  the  payment  or  purchase  of  bonds,  may  be  in- 
vested in  bonds  of  the  United  States  or  of  the  state  of  Kansas, 
and  in  no  other  manner;  and  provided  further,  that  under  the 
provisions  of  this  act,  the  proper  officers  are  authorized,  if  de- 
sirable, to  issue  instalment  bonds,  running  thirty  years,  having 
coupons  attached  representing  the  semiannual  interest  to  be- 
come due  thereon ;  and  each  coupon  attached  to  any  instalment 
bond  shall,  after  five  years  from  its  date,  represent  one-fiftieth 
of  its  principal,  which  amount  shall  be  shown  by  separate 
words  and  figures  aside  from  the  interest  represented  in  the 
coupon,  and  each  instalment  bond  shall  show  upon  its  face  that 
its  principal  is  included  in  its  coupons.  (Laws  1879,  ch.  50, 
sec.  8.) 

SEC.  29.  Investment  of  Sinking-fund.  [Laws  1913,  ch.  286, 
sec.  1.]  That  section  1,  chapter  287,  of  the  Session  Laws  of 
Kansas,  1911,  is  hereby  amended  to  read  as  follows :  Section  1. 
That  the  proper  officers  having  charge  and  control  of  any 
moneys  which  have  been  or  may  hereafter  be  levied  and  col- 
lected as  a  sinking-fund  to  redeem  the  outstanding  bonds  of  any 
county,  township,  city  or  school  district,  may  invest  such  sink- 
ing-fund by  purchasing  the  bonds  of  any  county,  township, 
city  or  school  district  within  the  state  of  Kansas,  subject  to  the 
following  conditions :  First,  no  such  bonds  shall  be  purchased 
unless  the  same  shall  be  accompanied  by  a  certificate  of  the 
attorney  general  of  the  state  of  Kansas  in  accordance  with 
section  6  of  chapter  110  of  the  General  Statutes  of  1909  of  the 
state  of  Kansas,  showing  such  bonds  to  be  acceptable  as  se- 
curity for  deposit  of  state  funds  under  the  state  depository 
law.  Second,  no  such  bonds  shall  be  purchased  under  this  act 
which  shall  not  mature  and  become  due  at  or  prior  to  the 
time  fixed  for  the  payment  of  the  bonds  for  which  such  sinking- 
fund  was  created.  Third,  no  sinking-funds  shall  be  invested 
under  this  act  in  the  bonds  of  any  county,  township,  city  or 
szhool  district  where  the  bonded  and  floating  indebtedness 
thereof  shall  exceed  ten  per  cent  of  its  total  assessed  valuation 
as  shown  by  the  last  assessment  preceding  such  investment. 
Fourth,  any  officer  or  officers  investing  sinking-funds  under 
this  act  shall  be  authorized  to  pay  such  premium  as  may  be 
necessary  to  secure  the  bonds  desired  in  the  open  market ;  pro- 
vided, that  no  premium  shall  be  paid  for  any  bonds  purchased 
under  this  act  which  shall  have  the  effect  of  reducing  the  an- 
nual income  from  such  investment  to  less  than  three  per  cent. 

SEC.  30.  Coupons  Paid  and  Destroyed.  [596.]  Whenever 
the  bonds  or  interest  coupons  issued  under  this  act  shall  be- 
come due,  they  shall  be,  on  presentation,  promptly  paid  by  the 
proper  disbursing  officer,  out  of  the  money  in  his  hands  col- 


18  BONDS — REFUNDING.  [CH.  1 

lected  for  that  purpose ;  and  he  shall  indorse  upon  the  face  of 
any  bond  or  coupon  paid  by  him,  in  red  ink,  the  word  "Paid," 
and  the  date  of  payment,  and  sign  his  name  thereto,  and  at 
each  settlement  he  shall  turn  over  the  bonds  and  coupons  so 
paid  and  canceled,  which  shall  be  carefully  preserved,  or  de- 
stroyed. (Laws  1879,  ch.  50,  sec.  9.) 

SEC.  31.  Penalty  for  Wrongful  Use  of  Money.  [597.]  Any 
person  who  shall  appropriate,  use,  or  aid  or  abet  in  appro- 
priating or  using,  any  of  the  funds  or  moneys  mentioned  in 
this  act,  for  any  other  purpose  than  as  in  this  act  provided,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  equal  to  the  amount  of  money  so  ap- 
propriated or  used,  and  imprisoned  in  the  county  jail  for  not 
less  than  three  nor  more  than  twelve  months,  and  shall  also 
be  liable  in  a  civil  action  for  the  amount  misappropriated  or 
used,  to  be  prosecuted  by  any  such  bondholder  or  other  party 
entitled  thereto.  (Laws  1879,  ch.  50,  sec.  10.) 

SEC.  32.  Coupons  Receivable  for  Taxes.  [598.]  The  in- 
terest coupons  provided  for  in  this  act  shall,  as  fast  as  they 
become  due,  be  receivable  in  payment  of  taxes  due  to  the  par- 
ticular county,  city,  the  board  of  education  of  any  city,  the 
township  or  school  district  which  may  have  issued  such 
coupons,  and  shall  be  received  by  all  collecting  officers  the  same 
as  cash,  in  payment  of  such  taxes.  (Laws  1879,  ch.  50,  sec.  11.) 

SEC.  33.  Merged  Districts  May  Refund  Bonded  Indebted- 
ness. [7639.]  That  the  officers  of  any  school  district  or  joint 
district,  containing  all,  the  greater  amount  or  an  equal  amount 
to  the  largest  fraction  contained  in  any  other  existing  dis- 
trict, of  the  territory  of  a  school  district  heretofore  or  here- 
after disorganized  (under  chapter  177  of  the  Laws  of  1899, 
or  chapter  305  of  the  Laws  of  1901),  are  hereby  authorized 
and  empowered  to  compromise  and  refund  the  legally  existing 
bonded  indebtedness  of  the  merged  district  and  to  issue  re- 
funding bonds  in  the  manner  and  upon  the  terms  prescribed  by 
chapter  50  of  the  Laws  of  1879  and  the  amendments  thereto. 
(Laws  1903,  ch.  430,  sec.  1.) 

SEC.  34.  Form  of  Bonds.  [7640.]  Bonds  issued  under  this 
act  shall  contain  a  recital  that  they  are  issued  in  pursuance 
of  this  act  and  of  chapter  50  of  the  Laws  of  1879  and  the 
amendments  thereto,  and  shall  run  in  the  name  of  the  merged 
school  district,  and  may  be  substantially  in  the  following  form : 

STATE   OF    KANSAS. 

No $ 

MERGED    SCHOOL-DISTRICT    REFUNDING    BOND. 

BE  IT  KNOWN,  That  merged  school  district  No , 

county,  state  of  Kansas,  is  indebted  to in  the  sum  of 

dollars,  bearing  interest  from  date  at  the  rate  of  ....  per  cent  per 

annum,  payable  semiannually,  on  the  1st  day  of  January  and  July  in  each 

year,  at  the  office  of ,  in  the  city  of ,  and  for  which 

coupons   are   hereto   attached. 


CH.  1]  BONDS — REFUNDING.  19 

This  bond  is  one  of  ....  bonds,  amounting  in  the  aggregate  to  $ 

issued  for  the  purpose  of  refunding  the  legally  existing  bonded  indebted- 
ness of  said  merged  district,  and  in  pursuance  of  chapter  430  of  the  Laws 
of  1903,  and  chapter  50  of  the  Laws  of  1879  and  the  amendments  thereto. 

The  principal  of  this  bond  is  made  payable  at  the  office  of  the , 

in  lawful  money  of  the  United  States,  on  the  1st  day  of ,  . . . . ; 

and  for  such  payment  the  faith  and  property  of  the  territory  comprised 
in  said  merged  district  at  the  time  of  its  disorganization  is  hereby  pledged. 

Said  merged  district  was  disorganized  on  the  ....  day  of ,  19 . . , 

and  the territory  thereof  was,  on  the  ....  day  of , 

19 . . ,  incorporated  with  school  district  No ,   county,  state 

of  Kansas.  The  officers  signing  this  bond  hereby  certify  that  all  the 
requirements  of  law  have  been  fully  complied  with. 

IN  TESTIMONY  WHEREOF,  This  bond  has  been  issued  and  signed  by  the 
director,  attested  by  the  clerk  and  countersigned  by  the  treasurer  of 
school  district  No.  . . . . ,  and  registered  by  the  county  clerk. 

Dated  at ,  county  of ,  state  of  Kansas,  this day 

of ,  19. .. 

Signed :   Director. 

Attested:     Clerk. 

Countersigned :    Treasurer. 

SEC.  35.  Commissioners  to  Levy.  [7641.]  It  shall  be  the 
duty  of  the  county  commissioners  of  the  county  in  which  the 
territory  of  such  merged  district  lies  to  annually  cause  to  be 
levied  upon  the  property,  real  and  personal,  in  the  territory 
of  such  merged  district,  a  tax  sufficient  to  meet  the  interest 
and  provide  a  sinking-fund  for  the  payment  of  the  indebted- 
ness so  refunded.  In  case  of  the  disorganization  and  merger 
of  any  joint  district,  such  tax  shall  be  levied  by  the  county 
commissioners  of  the  respective  counties  wherein  the  territory 
of  the  merged  district  lies,  and  the  moneys  arising  out  of  said 
levies,  when  collected,  shall  be  paid  to  the  treasurer  of  the 
county  having  the  greater  amount  of  the  territory  of  said  dis- 
trict, in  the  manner  prescribed  by  section  1,  chapter  226,  of 
the  Laws  of  1889.  (Laws  1903,  ch.  430,  sec.  2.) 

SEC.  36.  Suits  against  Merged  Districts.  [7642.]  Suits 
may  be  brought  by  or  against  merged  districts  respecting 
bonds  so  issued,  and  the  school-district  officers  issuing  said 
bonds  or  their  successors  shall  appear  for  and  in  behalf  of  said 
merged  district.  (Laws  1903,  ch.  430,  sec.  4.) 

SEC.  37.  May  Take  up  Merged-district  Bonds.  [7643.] 
That  the  qualified  voters  of  any  school  district  or  joint  district 
containing  all  of  the  territory  of  two  or  more  school  districts 
heretofore  or  hereafter  disorganized  may,  by  a  majority  vote 
thereof,  at  a  special  election  called  for  that  purpose,  vote  to 
issue  the  bonds  of  such  joint  district  for  the  purpose  of  re- 
funding or  taking  up  of  the  bonds  of  the  merged  or  disorgan- 
ized district  contained  in  such  joint  district.  Such  bonds 
shall  recite  that  they  are  issued  in  pursuance  of  this  act,  and 
shall  run  in  the  name  of  the  joint  school  district;  provided, 
that  no  greater  amount  of  bonds  shall  be  issued  under  this  act 
than  the  total  amount  of  bonds  outstanding  of  the  merged 


20  BONDS — REFUNDING.  [CH.  1 

districts  whose  territory  is  contained  in  such  joint  district. 
(Laws  1903,  ch.  430,  sec.  5.) 

SEC.  38.  Law  Governing  Such  Indebtedness.  [7644.]  Such 
indebtedness  so  created  shall  be  considered  and  treated  as  and 
shall  be  governed  by  the  laws  relating  to  the  general  indebted- 
ness of  school  districts.  (Laws  1903,  ch.  480,  sec.  6.) 

SEC.  39.  Bonds  of  Disorganized  Districts.  [7422.]  If  any 
disorganized  school  district  has  a  legally  existing  bonded  in- 
debtedness at  the  time  of  its  disorganization,  such  indebted- 
ness shall  attach  to  and  be  a  charge  against  the  territory 
comprised  in  such  disorganized  district  at  the  time  of  its  dis- 
organization;  and  it  shall  be  the  duty  of  the  county  commis- 
sioners of  such  county  annually  to  cause  to  be  levied  upon  the 
property,  real  or  personal,  in  such  disorganized  territory  a  tax 
sufficient  to  meet  the  interest  and  provide  a  sinking-fund  for 
the  payment  of  such  indebtedness.  Whenever  the  bonded  in- 
debtedness of  any  disorganized  district  can  be  advantageously 
compromised  and  refunded,  the  officers  of  the  school  district 
to  which  such  disorganized  district  shall  be  attached,  or  has 
heretofore  been  attached,  or  into  which  it  has  been  merged, 
shall  have  the  power,  and  it  shall  be  their  duty,  to  issue  re- 
funding bonds  for  such  purpose,  in  the  same  manner  and 
under  the  same  restrictions  and  regulations  now  provided  by 
law  for  the  refunding  of  other  school-district  bonds.  (Laws 
1905,  ch.  383,  sec.  1.) 


CH.  2]  BUSINESS    COLLEGES.  21 


CHAPTER  II.— BUSINESS  COLLEGES. 

§40.    Permit  to  canvass.  !    §43.    Penalty  for  canvassing  without  a  per- 

41.  Revocation  of  permit  to  canvass.  mit. 

42.  Permit  to  be  shown  by  agent.  44.    Notes  or  contracts,  void,  when. 

SECTION  40.  Permit  to  Canvass.  [7757.]  That  it  shall  be 
unlawful  for  any  representative  or  any  agent  of  any  business 
college,  or  commercial  department'  of  any  other  school,  to  can- 
vass in  the  state  of  Kansas  for  the  purpose  of  selling  tuition 
in  advance,  or  to  contract,  or  to  secure  their  note  for  any 
tuition  before  the  registration  of  said  student  in  the  college 
register  at  the  college,  without  the  school  first  making  appli- 
cation to  the  state  superintendent  of  public  instruction  and 
receiving  from  him  a  written  permit,  granting  such  school  this 
privilege.  The  state  superintendent  of  public  instruction, 
upon  receipt  of  said  application,  shall,  before  granting  such  a 
permit,  publish  a  notice  of  said  application  in  the  official  state 
paper  for  a  term  of  thirty  days,  at  the  end  of  which  time  he 
shall  grant  the  school  making  application  such  permit;  pro- 
viding, however,  that  satisfactory  proof  has  not  come  to  his 
knowledge,  after  a  diligent  inquiry,  that  said  school  or  busi- 
ness college  or  commercial  department  is  incompetent  to  fur- 
nish such  a  course  of  instruction  as  it  advertises,  or  that  the 
moral  surroundings  of  the  institution  are  not  good,  or  that 
the  premises  are  kept  in  an  unhealthy  condition,  or  that  the 
agents  of  said  institution  use  misrepresentations  or  fraud- 
ulent methods  in  securing  contracts,  notes  or  cash  from 
prospective  students,  and  in  either  of  these  cases  he  shall 
refuse  to  grant  them  a  permit.  (Laws  1909,  ch.  204,  sec.  1.) 

SEC.  41.  Revocation  of  Permit  to  Canvass.  [7758.]  After 
having  granted  any  business  college,  commercial  school,  or 
commercial  department  of  any  other  school  a  permit  to  canvass, 
and  such  school  shall  violate  any  of  the  conditions  required 
to  secure  a  permit,  then  the  state  superintendent  of  public 
instruction  shall  revoke  the  permit  and  shall  not  reissue  a  per- 
mit to  that  school  until  he  is  satisfied  that  they  will  comply 
with  the  foregoing  requirements.  (Laws  1909,  ch.  204,  sec.  2.) 

SEC.  42.  Permit  to  be  Shown  by  Agent.  [7759.]  Any 
agent  or  representative  of  any  such  school  doing  business 
within  the  state,  or  without  the  state,  when  operating  within 
the  state  of  Kansas,  shall,  upon  request  of  any  person,  show  a 
permit  or  certified  copy  thereof,  showing  that  the  school  he 
represents  has  permission  to  canvass  within  the  state.  (Laws 
1909,  ch.  204,  sec.  3.) 

SEC.  43.  Penalty  for  Canvassing  Without  a  Permit.  [7760.] 
Any  person  who  shall  violate  this  act  by  canvassing  for  stu- 
dents with  the  intention  of  selling  tuition  for  cash,  contract  or 


22  BUSINESS   COLLEGES.  [CH.  2 

note  for  any  business  college,  commercial  school  or  any  com- 
mercial department  of  any  other  school  without  first  having 
this  permit  from  the  state  superintendent  of  public  instruc- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  and  not  more  than  five  hundred  dollars, 
or  by  imprisonment  not  to  exceed  thirty  days,  or  by  both  such 
fine  and  imprisonment.  (Laws  1909,  ch.  204,  sec.  4.) 

SEC.  44.  Notes  or  Contracts  Void,  When.  [7761.]  Any 
note  or  contract  taken  by  any  such  business  college  or  the 
commercial  department  of  any  other  school,  or  their  agents  or 
representatives,  for  tuition  without  first  having  complied  with 
the  provisions  of  this  act  shall  be  void.  (Laws  1909,  ch.  204, 
sec.  5.) 


CH.3] 


CERTIFICATES — STATE. 


23 


CHAPTER  III.— CERTIFICATES. 

ARTICLE  L— STATE  CERTIFICATES. 


§4.5.    State  Board  of  Education. 

46.  Meetings  and  powers  of  state  board. 

47.  Additional  state  certificates. 

48.  Approval  of  course  of  study. 

49.  Examinations;    standard. 

50.  Certificate   issued. 

51.  Institutions    to    which    the    provisions 

may  extend. 

52.  State  certificate  issued  to  graduates  of 

certain  institutions. 

53.  Certificates    from    other    states    recog- 

nized. 

54.  Certificates   void,    when. 

55.  Certificates  canceled,   when. 

56.  Renewal. 


§57.     Graduates  in  normal  courses. 

58.  Normal  School  certificates. 

59.  Certificates  renewable. 

60.  Registered  and  signed  by  state  super- 

intendent. 

61.  State  Normal  School  certificates. 

62.  Registration    of    certificates    and    di- 

plomas. 

63.  Duty  of   county   superintendents   and 

clerks  of  boards  of  education. 

64.  Unlawful  to  pay  salarv. 

65.  No  fees. 

66.  Registration   reported  to   state   super- 

intendent. 

67.  Does  not  revive  lapsed  certificate. 


SECTION  45.  State  Board,  of  Education.  [7496.]  There  shall 
be  a  State  Board  of  Education,  consisting  of  the  state  su- 
perintendent of  public  instruction,  the  chancellor  of  the  State 
University,  the  president  of  the  State  Agricultural  College,  the 
president  of  the  State  Normal  School,  and  three  others  to  be 
appointed  by  the  governor  by  and  with  the  consent  and  advice 
of  the  senate,  selected  from  among  those  engaged  in  school 
work  in  the  schools  of  the  state.  The  three  thus  appointed  by 
the  governor  shall  hold  their  office  for  a  term  of  two  years,  or 
until  their  successors  are  duly  appointed  and  qualified.  The 
State  Board  of  Education  thus  constituted  are  hereby  author- 
ized and  empowered  to  issue  state  diplomas  to  such  profes- 
sional teachers  as  may  be  found,  upon  critical  examination,  to 
possess  the  requisite  scholarship  and  culture  and  who  may  also 
exhibit  satisfactory  evidence  of  unexceptionable  moral  char- 
acter and  of  eminent  professional  experience  and  ability,  and 
who  have  taught  for  two  years  in  the  state.  All  such  diplomas 
shall  be  countersigned  by  the  state  superintendent  of  public  in- 
struction, and  shall  supersede  the  necessity  of  any  and  all  other 
examinations  of  the  persons  holding  the  same  by  county,  city 
or  local  boards  of  examiners,  and  such  diplomas  shall  be  valid 
in  any  county,  city,  town  or  school  district  in  the  state  during 
the  lifetime  of  the  holder,  unless  revoked  by  the  State  Board  of 
Education.  (Laws  1893,  ch.  132,  sec.  1.) 

SEC.  46.  Meetings  and  Powers  of  Board.  [7498.]  That  sec- 
tion 6214  of  the  General  Statutes  of  1901  be  amended  to  read 
as  follows :  The  State  Board  of  Education  shall  meet  at  such 
times  and  places  as  by  them  may  be  deemed  necessary  and 
transact  such  business  as  may  legally  come  before  them,  and 
examine  all  applicants  who  may  present  themselves  for  such 
examination ;  and,  if  satisfied  with  the  scholarship,  culture  and 
moral  character  of  the  applicant,  and  with  his  professional  at- 
tainments and  experience,  said  board  shall  issue  a  state  diploma 


24  CERTIFICATES — STATE.  [CH.  3 

or  certificate,  as  the  case  may  be,  in  accordance  with  such  ex- 
amination and  the  provisions  of  the  law.  The  state  board  shall 
prescribe  a  course  of  study  for  the  normal  institutes  and  for  the 
public  schools  of  the  state,  and  shall  revise  the  same  when  the 
interests  of  the  schools  require  it;  provided,  that  the  course  of 
study  for  elementary  schools  shall  include  all  studies  required 
by  chapter  43511  of  the  Session  Laws  of  1903  and  section 
623512  of  the  General  Statutes  of  1901.  The  auditor  of  state  is 
hereby  authorized  to  issue  warrants  upon  the  state  treasurer 
against  any  funds  not  otherwise  appropriated  for  the  actual 
expenses  of  the  members  of  said  Board  of  Education  incurred 
in  attending  the  meetings  or  examinations  provided  for  in  this 
act,  except  for  the  examinations  as  specified  in  section  8  of  this 
act;  provided,  in  each  case,  that  said  warrant  shall  issue  only 
upon  the  statement  verified  by  affidavit  of  the  member  sub- 
mitting such  account,  and  approved  by  the  secretary  of  said 
Board  of  Education ;  provided,  also,,  that  the  sum  total  of  said 
expenses  of  the  board  shall  not  exceed  $300  per  annum.  (Laws 
1905,  ch.  387,  sec.  1.) 

SEC.  47.  Additional  State  Certificates.  [7497.]  The  State 
Board  of  Education  are  furthermore  authorized  and  empow- 
ered to  issue  state  certificates  of  high  qualifications  to  such 
teachers  as  may  be  found,  upon  examination,  to  possess  the 
requisite  scholarship,  and  who  may  also  exhibit  satisfactory 
evidence  of  good  moral  character,  and  ability  to  teach,  and 
skill  to  govern  and  control  children.  The  certificates  issued 
by  the  State  Board  of  Education  may  be  of  two  grades — one 
for  three  years  and  one  for  five  years;  and  all  certificates  is- 
sued by  said  board  shall  be  countersigned  by  the  state  super- 
intendent of  public  instruction,  and  such  state  certificate  shall 
supersede  the  necessity  of  all  other  examinations  of  the  per- 
sons holding  them  by  county  or  local  boards  of  examiners ;  and 
such  certificates  shall  be  valid  in  any  county,  city,  town,  or 
school  district  in  the  state  for  the  term  of  three  or  five  years 
(as  therein  set  forth),  unless  sooner  revoked  by  said  State 
Board  of  Education.  (Laws  1876,  ch.  122,  art.  6,  sec.  8.) 

SEC.  48.  Approval  of  .Course  of  Study.  [Laws  1911,  ch. 
276,  sec.  1.]  That  Section  7499,  General  Statutes  of  1909,  be 
amended  to  read  as  follows:  Sec.  7499.  Upon  application  of 
any  college  or  university,  or  educational  institution  of  like 
standing,  incorporated  under  the  general  laws  of  the  state  of 
Kansas,  and  requiring  a  four-year  high-school  course  or  its 
equivalent,  approved  by  the  State  Board  of  Education,  as  a 
condition  of  admission  to  its  freshman  class,  the  State  Board 
of  Education  shall  have  the  power  to  examine  the  course  of 

11.  Section  285  of  this  book. 

12.  Section  85  of  this  book. 


CH.  3]  CERTIFICATES — STATE.  25 

study  prescribed  and  the  character  of  the  work  done  by  it, 
and  if  in  the  judgment  of  said  board  the  course  of  study  and 
the  character  of  the  work  done  shall  be  of  such  standing  as  to 
prepare  the  graduates  of  such  institution  to  teach  successfully 
in  the  public  schools  of  this  state,  and  if  said  institution  main- 
tains a  department  of  education  and  the  course  of  study  pre- 
scribed includes  work  in  said  department  satisfactory  to  the 
State  Board  of  Education,  the  board  shall  place  such  institu- 
tion on  the  accredited  list.  (See  notes  a  to  i,  page  29  of  this 
book. 

SEC.  49.  Examinations;  Standard.  [Laws  1911,  ch.  276, 
sec.  2.]  That  section  7500  of  General  Statutes  of  1909  be 
amended  to  read  as  follows :  Sec.  7500.  Any  institution  on  the 
accredited  list  shall  be  subject  to  examination  by  the  State 
Board  of  Education  at  its  pleasure  with  respect  to  its  course  of 
study,  its  equipment,  and  the  character  of  its  work ;  and  addi- 
tional requirements  may  be  made  at  the  pleasure  of  the  board. 
Any  institution  failing  to  maintain  a  standard  satisfactory  to 
the  State  Board  of  Education  shall  be  dropped  from  the  ac- 
credited list. 

SEC.  50.  Certificate  Issued.  [Laws  1911,  ch.  276,  sec.  3.] 
That  section  7501,  General  Statutes  of  1909,  be  amended  to 
read  as  follows:  Sec.  7501.  To  all  persons  graduating  from 
such  approved  courses  of  study  in  institutions  on  the  accredited 
list  the  State  Board  of  Education  shall  issue  a  three-year  state 
certificate,  and  at  the  expiration  of  said  certificate  said  board 
shall  issue  a  life  certificate  in  lieu  of  the  first  one  issued,  pro- 
vided the  holder  shall  have  taught  successfully  at  least  two 
years  out  of  the  three  and  has  kept  himself  informed  in  the 
general  literature  of  his  profession. 

SEC.  51.  Institutions  to  which  the  Provisions  May  Extend. 
[Laws  1911,  ch.  276,  sec.  4.]  That  section  7502  of  General 
Statutes  of  1909  be  amended  so  as  to  read  as  follows:  Sec. 
7502.  The  provisions  of  sections  1,  2  and  3  of  this  act  shall 
apply  to  the  State  University  and  the  State  Agricultural  Col- 
lege, and  may,  at  the  discretion  of  the  State  Board  of  Edu- 
cation, be  extended  to  any  institution  in  any  of  the  United 
States  which  shall  satisfy  the  said  board  that  it  maintains  an 
efficient  department  of  education  and  meets  the  other  require- 
ments for  schools  on  the  accredited  list. 

SEC.  52.  State  Certificates  Issued  to  Graduates  of  Certain 
Institutions.  [Laws  1911,  ch.  276,  sec.  5.]  That  section  7521 
of  General  Statutes  of  1909  be  and  same  is  hereby  repealed. 
Any  graduate  of  the  school  of  arts  of  the  University  of  Kansas, 
or  of  any  university  or  college  incorporated  under  the  laws  of 
this  state  maintaining  a  department  of  education  and  re- 
quiring a  four-year  high-school  course  or  its  equivalent,  ap- 
proved by  the  State  Board  of  Education,  as  a  condition  of 


26  CERTIFICATES — STATE.  [CH.  3 

admission  to  its  freshman  class,  and  maintaining  a  regular 
four-year  course  thereafter  for  graduation,  and  accredited  as 
such  by  the  State  Board  of  Education,  shall,  upon  presentation 
to  said  board  of  satisfactory  evidence  of  graduation  from  such 
accredited  course  of  study  in  said  university  or  college,  receive 
from  said  board  a  three-year  certificate  to  teach  in  the  public 
schools  of  this  state;  provided,  that  the  course  of  study  com- 
pleted by  such  graduate  of  the  above-described  institutions 
shall  have  included  such  work  in  the  department  of  education 
as  shall  be  satisfactory  to  the  State  Board  of  Education. 

SEC.  53.  Certificates  from  Other  States  Recognized.  [7506.] 
When  the  State  Board  of  Education  is  satisfied  that  any  resi- 
dent of  this  state,  holding  a  state  certificate  issued  by  any 
other  state  in  the  United  States,  secured  the  same  by  pass- 
ing an  examination  equivalent  to  that  given  by  said  board, 
it  may  issue  to  said  person  the  certificate  as  provided  for  in 
section  3  of  this  act,  without  further  examination.  (Laws 
1893,  ch.  132,  sec.  10.) 

SEC.  54.  Certificates  Void,  When.  [7507.]  All  life  certifi- 
cates issued  by  the  State  Board  of  Education  or  by  the  re- 
gents of  the  State  Normal  School  shall  be  void  if  the  holder 
of  the  same  should  not  be  engaged  in  school  work  for  three 
consecutive  years;  provided,  that  certificates  may  be  re- 
newed by  the  State  Board  of  Education.  (Laws  1893,  ch.  132, 
section  11.) 

SEC.  55.33  Certificates  Canceled,  When.  [7508.]  The  said 
State  Board  of  Education  is  empowered  to  cancel  any  state 
certificate  which  said  board,  on  satisfactory  proof,  finds  to  be 
held  by  a  person  of  immoral  character  or  otherwise  disquali- 
fied for  a  teacher.  (Laws  1893,  ch.  132,  sec.  12.) 

SEC.  56.  Renewal.  [7523.]  Any  person  holding  a  three- 
year  certificate  granted  in  accordance  with  the  provisions  of 
section  1  or  section  2  of  this  act14  may,  at  any  time  within 
six  months  before  or  after  its  expiration,  apply  to  the  State 
Board  of  Education  for  a  life  certificate,  and  if  it  shall  appear 
to  the  said  State  Board  of  Education  that  the  applicant  is  of 
good  moral  character,  has  taught  successfully  not  less  than 
two  years  of  the  three,  and  "has  kept  himself  well  informed 
in  the  general  literature  of  his  profession,  a  life  certificate 
shall  be  issued  to  said  applicant  by  said  Board  of  Education; 
provided,  that  such  life  certificate  shall  be  void  if  the  holder 
thereof  is  out  of  the  teaching  profession  for  three  consecutive 
years;  provided,  that  life  diplomas15  may  be  renewed  by  the 
State  Board  of  Education.  (Laws  1899,  ch.  179,  sec.  4.) 

13.  See  section  84  of  this  book  for  additional  cause  for  revocation. 

14.  Section  52  of  this  book. 

15.  "Diploma,"  as  here  used,  refers  to  the  life  certificate  mentioned  in 
this  section. 


CH.  3]  CERTIFICATES — STATE.  27 

SEC.  57.  Graduates  in  Normal  Courses.  [7522.]  The  State 
Agricultural  College  and  any  educational  institution  incor- 
porated under  the  laws  of  this  state,  and  accredited  by  the 
State  Board  of  Education  as  maintaining  a  course  of  study 
including  all  the  branches  prescribed  by  law  and  required 
by  said  State  Board  of  Education  for  securing  a  three-years 
certificate  to  teach  in  the  public  schools  of  the  state,  is  hereby 
authorized  to  grant  a  diploma — the  form  of  which  shall  be 
prescribed  by  the  State  Board  of  Education — to  any  person 
who  shall  complete  the  above-specified  course  of  study,  which 
diploma  shall  be  accepted  by  the  State  Board  of  Education  as 
authorization  for  granting  to  the  holder  of  such  diploma  a 
three-years  certificate16  to  teach  in  the  public  schools  of  the 
state  of  Kansas;  provided,  said  person  shall  have  given  not 
less  than  twenty  weeks  to  practice  teaching  under  the  pro- 
vision of  the  pedagogical  department  of  said  educational  in- 
stitution. (Laws  1899,  ch.  179,  sec.  3.  ) 

SEC.  58.  Normal  School  Certificates.  [8378.]  The  board 
of  regents  of  the  State  Normal  School  shall  have  power  to  fix 
for  the  State  Normal  School  and  its  auxiliaries  courses  of 
study,  preparatory  and  normal,  and  shall  fix,  in  addition  to  the 
two-years  course  as  now  provided  by  law,  a  course  of  not  less 
than  three  years  in  the  normal  department  of  each  of  the  auxil- 
iary schools,  in  such  manner  as  may  seem  to  them  economical 
and  effective  in  the  training  of  teachers ;  and,  in  so  doing,  they 
shall  not  be  limited  by  any  of  the  restrictions  heretofore  made 
as  to  subjects  of  [or]  the  length  of  courses;  and  before  issu- 
ing the  life  diploma  on  completion  of  the  full  course  of  instruc- 
tion in  the  State  Normal  School,  as  provided  by  law,  the  said 
board  of  regents  shall  issue  to  students  of  the  State  Normal 
School  and  its  auxiliaries  a  one-year  state  certificate17  on  the 
completion  of  the  first  two-years  course  at  the  Normal  School 
or  its  auxiliaries,  as  heretofore,  and  shall  on  the  completion  of 
the  three-years  course  in  the  State  Normal  School  or  its 
auxiliaries  issue  a  diploma,  which  shall  be  a  certificate  valid  for 
teaching  in  the  public  schools  of  the  state  for  three  years.18 
(Laws  1905,  ch.  388,  sec.  1.) 

SEC.  59.  Certificates  Reneiuable.  [8379.]  Said  board  may 
provide  courses  of  study  for  the  State  Normal  School  and  its 
auxiliaries  according  to  the  standard  set  for  accredited  schools 
under  the  certificate  law  of  1899,  and  may  issue  to  graduates 
of  such  courses  the  three-years  state  certificate  entitling  such 
graduates  to  its  privileges,  including  renewal  by  the  State 
Board  of  Education,  as  provided  by  law.  And  said  board  of 

16.  This  certificate  is  not  renewable. 

17.  These  certificates  are  not  renewable. 

18.  These  certificates  are  not  renewable. 


28  .CERTIFICATES — STATE.  [CH.  3 

regents  of  the  State  Normal  School  shall  have  power  to  confer 
such  degrees  as  they  may  deem  proper ;  but  no  honorary  degree 
without  a  year  or  more  of  actual  enrollment  in  school  or  with- 
out corresponding  literary,  scientific  and  professional  attain- 
ments shall  ever  be  granted  by  the  State  Normal  School. 
(Laws  1905,  ch.  388,  sec.  2.) 

SEC.  60.  Registered  and  Signed  by  State  Superintendent. 
[8380.]  All  teachers'  certificates  and  all  diplomas  having  cer- 
tificate value  shall,  before  they  are  issued  by  this  board,  be 
presented  to  the  state  superintendent  of  public  instruction  for 
his  signature  and  for  registration  in  his  office.  (Laws  1905, 
ch.  388,  sec.  3.) 

SEC.  61.  State  Normal  School  Certificate.  [8343.]  As 
soon  as  any  person  has  attended  said  institution  twenty-two 
weeks,  said  person  may  be  examined  in  the  studies  required  by 
the  board,  in  such  manner  as  may  be  prescribed,  and  if  it  shall 
appear  that  said  person  possesses  the  learning  and  other 
qualifications  necessary  to  teach  a  good  common  school,  said 
person  shall  receive  a  certificate  to  that  effect  from  the  prin- 
cipal, to  be  approved  by  the  superintendent  of  public  instruc- 
tion; and  as  soon  as  any  person  shall  have  completed  the  full 
course  of  instruction  in  the  State  Normal  School,  he  or  she 
shall  receive  a  diploma,  which,  when  signed  by  the  president 
of  the  institution,  state  superintendent  of  public  instruction, 
and  the  board  of  directors  of  said  school,  shall  be  evidence  that 
the  person  to  whom  such  diploma  is  granted  is  a  graduate  of 
the  State  Normal  School,  and  entitled  to  all  the  honors  and 
privileges  belonging  to  such  graduates ;  and  such  diploma  shall 
serve  as  a  legal  certificate  of  qualification  to  teach  in  the  com- 
mon schools  of  this  state.  (Laws  1864,  ch.  99,  sec.  13.) 

SEC.  62.  Registration.  [7527.]  That  every  state  certifi- 
cate, state  diploma  or  any  other  document  issued  by  the  State 
Board  of  Education  as  a  teacher's  certificate,  and  every  Kan- 
sas State  Normal  School  diploma,  one-year  certificate  or  any 
other  document  issued  by  the  Kansas  State  Normal  School  as  a 
teacher's  certificate,  must  be  registered  by  the  county  superin- 
tendent of  the  county,  or  with  the  clerk  of  the  board  of  educa- 
tion of  the  city  of  the  first  or  second  class,  in  which  the  holder 
contracts  to  teach.  Failure,  neglect  or  refusal  to  comply  with 
the  foregoing  provisions  will  render  said  certificate,  diploma, 
Normal  School  diploma  or  other  document  void  as  a  teacher's 
certificate  in  such  county  or  city  of  the  first  and  second  class 
until  such  registration  is  complied  with.  (Laws  1905,  ch.  394, 
sec.  1.) 

SEC.  63.  Duties  of  Certain  Officers.  [7528.]  It  shall  be 
the  duty  of  the  county  superintendent  or  clerk  of  the  board  of 
education  of  a  city  of  the  first  or  second  class  to  register  all 
such  certificates,  diplomas  or  other  documents  when  presented 


CH.  3]  CERTIFICATES — STATE.  29 

to  him  by  the  holder  thereof.  It  shall  be  the  duty  of  said  super- 
intendent or  clerk  to  provide  a  suitable  record  for  this  pur- 
pose ;  said  record  to  show  the  name  and  address  of  the  holder, 
kind  of  certificate,  diploma  or  other  document  held,  date  of 
issue  and  date  of  expiration,  if  issued  for  other  period  than 
the  life  of  the  holder.  It  shall  be  the  further  duty  of  the 
county  superintendent  or  clerk  of  the  board  of  education  to 
issue  to  such  holder  a  statement  of  the  kind  of  certificate,  di- 
ploma or  other  document  held,  giving  date  of  issue  and  date  of 
expiration  of  same.  (Laws  1905,  ch.  394,  sec.  2.) 

SEC.  64.  Unlawful  to  Pay  Salary,  When.  [7529.]  It  shall 
be  unlawful  for  any  district  board,  board  of  education  or 
board  of  trustees  of  any  county  high  school  to  issue  an  order 
for  payment  of  the  salary  for  services  as  teacher  of  any  holder 
of  said  certificate,  diploma  or  other  document  unless  said 
holder  presents  a  certificate  of  registration  as  proivded  for  in 
section  2  of  this  act.  (Laws  1905,  ch.  394,  sec.  3.) 

SEC.  65.  No  Registration  Fee.  [7530.]  No  fee  shall  be 
charged  for  the  registration  required  by  this  act.  (Laws  1905, 
ch.  394,  sec.  4.) 

SEC.  66.  Report  to  State  Superintendent.  [7531.]  It  shall 
be  the  duty  of  the  county  superintendents  and  clerks  of  boards 
of  education  of  cities  of  the  first  and  second  class  to  report,  in 
October  and  March  of  each  year,  to  the  State  Board  of  Educa- 
tion all  certificates,  diplomas  or  other  documents  registered  in 
their  respective  counties  or  cities.  It  shall  be  the  duty  of  the 
state  superintendent  to  provide  necessary  blanks  for  this  re- 
port. (Laws  1905,  ch.  394,  sec.  5.) 

SEC.  67.  No  Revival.  [7532.]  No  provisions  of  this  act  shall 
be  construed  to  revive  a  state  certificate,  state  diploma  or  State 
Normal  School  diploma  which  has  lapsed  under  provisions  of 
section  6223  19  of  the  General  Statutes  of  1901,  nor  any  cer- 
tificate or  diploma  which  has  lapsed  by  expiration  of  time  for 
which  it  was  issued.  (Laws  1905,  ch.  394,  sec.  6.) 

19.    See  section  54  of  this  book. 

Accredited  Colleges. — Notes  on  sections  48  and  57  of  this  book. 

a.  The  board  interprets  the  law  as  requiring  that  institutions  asking 
to  be  accredited  must  establish  and  maintain  a  distinct  department  of 
pedagogy,  filled  by  a  teacher  of  eminent  educational  qualifications,  secured 
through  long  experience  in  the   schoolroom  and  through   special  peda- 
gogical studies,  or  by  a  full  college  course  which  shall  have  included  the 
pedagogical  subjects  which  he  shall  be  required  to  teach. 

b.  Those  colleges  whose  courses  have  been  approved  are  required  to 
have  a  minimum  of  100  volumes  of  standard  works  in  their  pedagogical 
libraries,  and  the  State  Board  of  Education  reserves  the  right  to  raise 
this  minimum  requirement  from  time  to  time.    In  determining  this  mini- 
mum, duplicate  copies  will  not  be  counted. 

c.  The  board  will  recognize  summer  work  in  accredited  colleges  only 
when  such  work  is  done  in  a  regularly  organized  term  and  by  regular 


30 


CERTIFICATES — COUNTY. 


[CH.3 


ARTICLE  II. — COUNTY  CERTIFICATES. 


69. 
70. 

71. 
72. 
73. 


§77. 
78. 
79. 

80. 

81. 
82. 
83. 
84. 


first 


Examiners  exempt. 

Grades  of  certificates. 

Third     grade ;     second     grade ; 

grade;   renewal. 
Renewal    of   professional    certificates; 

high  school  credits. 
Temporary  certificate. 
Issued  on  examination. 
County  certificates,  where  valid. 
Revocation;   causes  for. 


85.    Examination    of    teachers    in    physiol- 


86. 


ogy  and  hygiene. 
Examinations    in    districts    employing 
ten  or  more  teachers. 


§68.  County  board  of  examiners,  how  con- 
stituted; qualifications  and  appoint- 
ment. 

Public  examinations;   notice  of  same. 

Examinations   in   other    counties   and 
at  state  schools. 

Special  examinations. 

Fees  for  certain  examinations. 

Uniform  examinations. 
74.    State    superintendent    shall    forward 

auestions. 
awful    use    of    examination    ques- 
tions. 

76.    Penalty   for   unlawful   use    of    exami- 
nation questions. 

SECTION  68.  County  Board  of  Examiners.  [7485.]  In 
each  county  there  shall  be  a  board  of  county  examiners, 
composed  of  the  county  superintendent,  who  shall  be  ex  officio 
chairman  of  the  board,  and  two  competent  persons,  holders 
of  professional  certificates  or  first-grade  certificates,  or  of  state 
certificates,  or  of  diplomas  from  the  state  University,  the  State 
Normal  School,  or  the  State  Agricultural  College,  who  shall 
be  appointed  by  the  county  commissioners  on  the  nomination 
of  the  county  superintendent,  and  shall  serve  one  year  from 
the  time  of  their  respective  appointments,  and  each  of  whom 
shall  receive  for  his  services  the  sum  of  three  dollars  per  day 
for  not  to  exceed  twenty-four  days  in  any  one  year.  (Laws 
1905,  ch.  390,  sec.  1.) 

SEC.  69.  Public  Examinations.  [7486.]  The  board  of  councy 
examiners,  two  of  whom  shall  constitute  a  quorum,  shall,  on 

instructors;  provided,  that  the  amount  of  credit  given  shall  not  be  greater 
than  the  amount  of  credit  given  for  an  equal  time  in  the  regular  school 
year. 

d.  The  texts  to  be  used  in  all  of  the  subjects  embraced  in  the  course 
are  to  be  those  approved  by  the  State  Board  of  Education,  or  those  gen- 
erally recognized  as  their  equivalent. 

e.  Permanent  records  of  the  work  of  each  student  are  to  be  kept, 
giving  a  full  history  of  his  entrance  and  course  until  graduation. 

/.  Institutions  asking  approval  of  their  normal  courses  under  the 
law  of  1899  must  maintain  a  course  equivalent  to  the  two-year  college 
course  at  the  State  Normal  School,  including  twenty  weeks'  practice 
teaching,  under  the  head  of  the  pedagogical  department.  Practice  teach- 
ing referred  to  must  not  include  any  teaching  for  which  pay  is  received. 

g.  The  interpretation  by  the  board  of  the  term  "practice  teaching," 
as  contained  in  the  law  (Laws  of  1899,  chapter  179,  section  3),  is,  that  it 
means  actual  model-school  work  as  given  at  the  State  Normal  School, 
and  that  it  requires  the  establishment  of  model  schools,  connected  entirely 
with  the  institutions  approved. 

h.  Certificates  granted  to  graduates  of  normal  courses  of  accredited 
institutions  under  the  law  of  1899  are  not  renewable.  Not  less  than  two 
years  of  resident  work  in  an  accredited  college  will  be  approved  by  the 
board,  one  of  which  shall  be  in  the  college  granting  the  diploma. 

i.  Common-school  texts  in  college  subjects  do  not  meet  the  standard 
approved  by  the  board. 


CH.  3]  CERTIFICATES — COUNTY.  31 

the  last  Saturday  of  January  and  of  October,  and  on  Saturday 
of  the  last  week  of  the  county  normal  institute,  together  with 
the  Friday  preceding  each  such  Saturday,  only  at  such  places  as 
may  be  designated  by  the  chairman  (who  shall  give  ten  days' 
notice  of  each  examination),  publicly  examine  all  persons  pro- 
posing to  teach  in  the  common  schools  of  the  county  (cities  of 
the  first  and  second  class  excepted)  as  to  their  competency  to 
teach  the  branches  prescribed  by  law ; 20  said  board  shall  open 
each  separate  package  of  questions  not  earlier  than  the  hour 
specified  thereon  by  the  state  superintendent,  and  shall  give 
the  candidates  the  questions  at  the  hour  specified  for  the  begin- 
ning of  the  examination  on  that  subject;  said  board  of  ex- 
aminers shall  issue  certificates,  as  by  law  provided,  to  all  such 
applicants  as  shall  pass  the  required  examination  and  satisfy 
the  board  as  to  their  good  moral  character  and  ability  to  teach 
and  govern  schools  successfully.21  (Laws  1905,  ch.  391,  sec.  1.) 
SEC.  70.  Examinations  in  Other  Counties  and  at  State 
Schools.  [7487.]  Applicants  for  any  grade  of  county  certifi- 
cates for  any  county  of  the  state  may  write  in  the  examination 
given  in  any  other  county  of  the  state,  or,  if  students  at  the 
State  University,  State  Agricultural  College,  or  State  Normal 
School  or  either  of  its  auxiliaries,  at  an  examination  conducted 
by  the  presiding  officer  thereof,  on  the  questions  and  under 
the  laws  and  regulations  for  the  county  examination;  and 
the  county  examining  board  of  any  county,  on  receiving  the 
papers,  with  a  properly  signed  certificate  on  a  blank  to  be 
provided  by  the  state  superintendent,  together  with  one  dollar 

20.  Section  69  provides  that  the  county  board  of  examiners  "shall  pub- 
licly examine  all  persons  proposing  to  teach     .     .     .     as  to  their  com- 
petency to  teach  the  branches  prescribed  by  law."     Sections  285  and  85 
indicate  what  branches  shall  be  taught  in  the  public  schools. 

21.  The  awarding  of  a  county  certificate,  or  any  other  act  within  the 
jurisdiction  of  the  county  board  of  examiners,  must  have  duly  received, 
in  the  lawful  course  of  business,  the  consent  of  at  least  two  members  of 
the  board,  in  order  to  be,  legally,  an  act  of  the  board.     County  certifi- 
cates can  be  legally  granted  only  by  the  board. 

A  county  certificate  can  not  be  lawfully  dated  back  beyond  the  time 
when  the  county  board,  in  the  lawful  course  of  business,  actually  awarded 
the  same. 

Although  the  county  board  may,  by  revocation  for  cause,  abridge,  they 
can  not  lawfully  extend  the  time  during  which  a  certificate  issued  by  them 
shall  be  in  force,  nor  renew  the  same  without  a  public  examination  of  the 
holder  thereof,  except  as  provided  by  law. 

A  public  examination  is  the  only  legal  basis  for  the  issuance  of  a  cer- 
tificate. It  is  the  province  of  the  board  to  determine  the  standing  of  the 
applicant  in  every  study,  and  to  inquire  into  the  "competency"  of  the 
candidate  to  teach  and  govern  a  school  successfully. 

It  is  proper  for  the  board  to  refuse  a  certificate  to  an  applicant  passing 
the  necessary  examination  but  not  satisfying  the  board  as  to  his  ability  to 
"teach  and  govern  a  school  successfully." 

Certificate  in  Case  of  Joint  District.  In  the  case  of  a  joint  district,  the 
certificate  must  be  issued  by  the  board  of  examiners  of  the  county  in 
which  the  largest  amount  of  territory  is  found. 


32  CERTIFICATES — COUNTY.  [CH.  3 

for  the  institute  fund  for  each  applicant,  shall  issue  certificates 
as  provided  in  case  of  regular  county  examinations.  (Laws 
1905,  ch.  391,  sec.  2.) 

SEC.  71.  Special  Examinations.  [7488.]  Each  county  su- 
perintendent may,  if  he  deems  it  necessary,  conduct  a  special 
examination  at  the  time  of  the  closing  of  normal  institutes  in 
some  other  county  or  counties ;  provided,  that  the  examination 
conforms  to  the  laws  in  all  other  respects,  including  the  ques- 
tions prepared  for  that  examination,  and  it  shall  be  the  duty  of 
the  state  superintendent  to  furnish  these  questions,  if  notified 
by  the  county  superintendent  ten  days  before  the  date  of  the 
examination  that  he  has  accepted  fees  from  two  or  more  can- 
didates for  that  examination.  (Laws  1905,  ch.  391,  sec.  3.) 

SEC.  72.  Fees.  [7489.]  Each  candidate  for  the  examina- 
tion under  the  provisions  of  section  2  and  section  3  of  this  act 
shall  pay  a  fee  of  one  dollar  for  this  examination  if  taken  at  a 
state  educational  institution,  or  two  dollars  if  taken  before  a 
county  examining  board,  one  dollar  of  which  shall  go  into  the 
institute  fund  of  the  county  in  which  the  examination  is 
written.  (Laws  1905,  ch.  391,  sec.  4.)  • 

SEC.  73.  Uniform  System  of  Examinations.  [7517.]  That 
the  State  Board  of  Education  is  hereby  instructed  to  prepare 
a  series  of  questions  for  each  examination,  to  be  used  in  each 
county  of  the  state  of  Kansas  for  the  examination  of  teachers ; 
and  the  state  superintendent  is  hereby  instructed  to  procure 
the  printing  of  the  same  and  distributing  to  the  superintend- 
ents of  the  several  counties  in  the  state,  as  hereinafter  pro- 
vided. (Laws  1885,  ch.  180,  sec.  1.) 

SEC.  74.  Questions  Shall  be  Forwarded.  [7518.]  The  state 
superintendent  shall  forward  all  questions  to  the  superintend- 
ents of  the  several  counties  in  the  state  of  Kansas ;  provided, 
that  said  questions  shall  be  forwarded  in  time  to  reach  their 
destination  at  least  two  days  before  required  for  use ;  and  pro- 
vided further,  that  said  questions  shall  not  be  opened  except 
in  the  presence  of  a  majority  of  the  examining  board  on  the 
day  and  hour  of  examination.22  (Laws  1885,  ch.  180,  sec.  2.) 

SEC.  75.  Unlawful  Use  of  Examination  Questions.  [7754.] 
It  shall  be  unlawful  for  any  person  to  sell  or  offer  for  sale,  or 
buy  or  offer  to  buy,  or  to  distribute,  or  have  in  his  or  her 
possession  any  printed  or  written  examination  questions  pre- 
pared for  any  examination  to  be  held  for  the  purpose  of  test- 
ing the  qualifications  of  persons  desiring  to  be  admitted  to  the 
practice  of  any  of  the  professions  in  this  state  in  which  it  is 
required  that  such  persons  be  examined  as  to  their  qualifica- 
tions, or  any  printed  or  written  examination  questions  pre- 
pared for  teachers'  examinations  for  any  of  the  schools  of 
this  state,  or  of  any  printed  or  written  examination  questions 

22.    See  section  69  of  this  book. 


CH.  3]  .  CERTIFICATES — COUNTY.  33 

prepared  for  the  final  examination  of  any  students  in  any  of 
the  higher  institutions  of  learning  of  this  state,  desiring  to 
graduate  from  said  institutions,  prior  to  the  time  of  the  hold- 
ing of  such  examination.  (Laws  1909,  ch.  208,  sec.l.) 

SEC.  76.  Penalty  for  Unlawful  Use  of  Examination  Ques- 
tions. [7755.]  Any  person  selling  or  offering  to  sell,  buying  or 
offering  to  buy,  distributing  or  having  in  his  or  her  possession 
any  such  examination  questions,  contrary  to  the  provisions  of 
section  1  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars, 
or  imprisoned  in  the  county  jail  for  not  less  than  ten  days  nor 
more  than  six  months.  (Laws  1909,  ch.  208,  sec.  2.) 

SEC.  77.  Examiners  Exempt.  [7756.]  The  provisions  of 
this  act  shall  not  be  construed  to  prevent  the  proper  officials 
or  instructors  whose  duty  it  is  to  conduct  the  said  examina- 
tion, referred  to  in  section  1  of  this  act,  from  haying  in  their 
possession  printed  or  written  copies  of  such  examination  ques- 
tions. (Laws  1907,  ch.  208,  sec.  1.) 

SEC.  78.  Grades  of  Certificates.  [Laws  1911,  ch.  277,  sec. 
1.]  That  section  1  and  section  2  of  chapter  341  of  the  Session 
Laws  of  1907,  and  section  5  and  section  6  of  chapter  424  of 
the  Session  Laws  of  1903  be  and  are  hereby  amended  so  as  t* 
read  as  follows :  Certificates  issued  by  county  boards  of  exam- 
iners shall  be  of  three  grades,  namely,  third  grade,  second 
grade  and  first  grade,  and  shall  continue  in  force  in  the  order 
named  for  the  respective  periods  of  one  year,  two  years  and 
three  years. 

SEC.  79.  Third  Grade;  Second  Grade;  First  Grade;  Re- 
newal. [Laws  1913,  ch.  268,  sec.  1.]  That  section  2  of  chap- 
ter 277  of  the  Session  Laws  of  1911  be  and  is  hereby  amended 
so  as  to  read  as  follows :  Sec.  2.  Certificates  of  the  third  grade 
may  be  issued  to  persons  of  not  less  than  eighteen  years  of  age 
on  passing  a  satisfactory  examination ;  provided,  that  not  more 
than  two  third  grade  certificates  may  be  issued  to  the  same  in- 
dividual if  the  applicant  has  taught  three  months;  provided 
further,  that  each  applicant  for  a  third  grade  certificate  shall 
give  satisfactory  evidence  of  good  moral  character,  and  shall 
by  a  written  examination  secure  an  average  grade  of  seventy- 
five  per  cent  with  no  grade  below  sixty  per  cent  in  the  fol- 
lowing branches:  orthography,  reading,  writing,  English 
grammar,  and  composition,  geography,  arithmetic,  United 
States  history,  Kansas  history,  civil  government,  physiology 
and  hygiene,  elements  of  agriculture,  the  principles  and  meth- 
ods of  teaching  and  elementary  science  including  at  least  an 
elementary  knowledge  of  physical  geography  and  botany.  Cer- 
tificates of  the  second  grade  may  be  issued  to  persons  of  not 
less  than  eighteen  years  of  age  who  have  taught  successfully 

-2 


34  CERTIFICATES — COUNTY.  [CH.  3 

not  less  than  three  school  months,23  and  who  shall  give  satis- 
factory evidence  of  good  moral  character,  and  who  shall  by  a 
written  examination  secure  an  average  grade  of  eighty  per 
cent  with  no  grade  below  sixty  per  cent  in  all  branches  re- 
quired for  a  third  grade  certificate  and  in  addition  music  and 
English  literature.  Certificates  of  the  first  grade  may  be  is- 
sued to  persons  of  not  less  than  twenty  years  of  age,  who  shall 
have  taught  successfully  for  not  less  than  twelve  school 
months,23  who  shall  give  satisfactory  evidence  of  a  good  moral 
character  and  who  shall  fully  satisfy  the  board  of  examiners  of 
their  ability  to  teach  all  the  branches  required  for  a  second 
grade  certificate,  and  in  addition  thereto  algebra,  ancient  and 
modern  history,  bookkeeping  and  elementary  science  including 
an  elementary  knowledge  of  physical  geography,  botany  and 
physics,  provided,  that  by  a  written  examination  applicants 
shall  secure  an  average  grade  of  ninety  per  cent  with  no  grade 
below  seventy-five  in  any  one  branch;  provided  further,  that 
any  person  holding  a  second  grade  certificate  may  retain  for 
two  years  any  grade  of  ninety  per  cent  or  more,  secured  at 
not  to  exceed  four  regular  county  teachers'  examinations,  and 
such  grade  shall  be  applied  toward  meeting  the  requirements 
for  a  first  grade  certificate,  but  no  grade  received  prior  to 
the  issuance  of  such  second  grade  certificate  shall  be  so  ap- 
plied ;24  provided  further,  that  a  first  grade  certificate  may  be 
renewed25  at  its  expiration  upon  the  payment  of  a  fee  of  one 
dollar  for  the  use  of  the  county  institute  fund  if  it  is  shown 
that  the  holder  has  attended  at  least  ninety  per  cent  of  the 
time  of  at  least  one  normal  institute,  or  has  had  six  weeks' 
professional  training  in  some  approved  school,  during  the 
period  for  which  the  certificate  has  been  issued ;  and  provided 
further,  that  the  applicant  shall  have  performed  such  profes- 
sional work  as  the  county  superintendent  shall  direct,  and 
shall  not  have  remained  out  of  school  work  longer  than  two 
consecutive  years,  and  provided  further  that  said  applicant 
must  have  grades  in  the  subjects  required  for  first  grade  cer- 
tificates under  this  act. 

SEC.  80.  Renewal  of  Professional  Certificates;  High-school 
Credits.  [Laws  1913,  ch.  268,  sec.  2.]  That  section  3  of  chap- 
ter 277  of  the  Session  Laws  of  1911  read  as  follows:  Sec.  3. 

23.  This  experience  need  not  have  been  had  in  Kansas,  nor  in  the  pub- 
lic schools,  but  must  be  shown  to  the  satisfaction  of  the  board  of  ex- 
aminers. 

24.  Carrying  Grades.    The  law  does  not  authorize  the  carrying  of 
grades  from  one  examination  to  another,  except  as  provided  for  first- 
grade  certificates  in  this  section,  nor  the  granting  of  any  privileges  per- 
taining to  the  examination  as  a  reward  for  attending  normal  institutes. 

25.  A  first-grade  certificate  may  be  indorsed  in  another  county  and 
thereafter  may  be  renewed  in  that  county. 


CH.  3]  CERTIFICATES — COUNTY.  35 

All  professional  certificates  in  force  at  the  time  of  the  passage 
of  this  act  shall,  at  their  expiration,  be  renewed  by  the  issuance 
of  first  grade  certificates,  and  no  professional  certificates  shall 
be  issued  after  the  passage  of  this  act;  provided,  that  after 
May  1st,  1914,  no  person  shall  be  granted  a  second  grade  cer- 
tificate who  has  not  at  least  one  year's  credit  in  a  high  school, 
or  the  equivalent  thereof  as  provided  by  the  state  board  of  ed- 
ucation, and  no  person  after  May  1st,  1914,  shall  be  granted  a 
first  grade  certificate  who  has  not  at  least  two  years'  credit  in 
a  high  school  or  the  equivalent  thereof;  and  it  is  especially 
provided  that  credit  in  a  high  school  as  before  mentioned  may 
be  obtained  either  by  resident  attendance  or  by  an  examination 
on  the  subjects  comprising  the  course  of  study  for  said  high 
schools.  In  all  cases  where  high  school  credit  is  obtained  by 
examination  rather  than  by  resident  attendance  upon  such 
high  school  the  questions  shall  be  prepared  by  the  state  board 
of  education  and  the  papers  shall  be  graded  by  the  state  board 
of  education  and  a  fee  of  $1.00  shall  be  charged  of  each  appli- 
cant, one  half  of  which  shall  be  turned  into  the  institute  fund 
of  the  county  in  which  the  examination  is  held  and  one  half 
shall  be  forwarded  to  the  state  board  of  education  to  pay  for 
grading  examination  papers  as  before  mentioned. 

SEC.  81.  Temporary  Certificate.  [7534.]  That  the  county 
superintendent  of  any  county  in  this  state,  upon  request  made 
in  writing  by  such  district  board,  is  authorized  to  issue  tem- 
porary teachers'  certificates  to  any  person  not  under  eighteen 
years  of  age  applying  therefor,  when  in  the  judgment  of  such 
county  superintendent  the  applicant  is  a  person  of  good  moral 
character  and  possesses  the  necessary  qualifications  of  a 
teacher;  provided,  however,  that  such  applicant  make  affi- 
davit that  he  has  not  failed  in  the  last  preceding  examination 
for  teachers'  certificates  in  any  county  in  this  state;  and  pro- 
vided further,  that  such  temporary  certificate,  when  issued, 
shall  not  be  effective  or  in  force  from  or  after  the  next 
quarterly  examination  for  teachers'  certificates  in  the  county 
wherein  same  was  issued.26  (Laws  1907,  ch.  342,  sec.  1.) 

SEC.  82.  Issued  on  Examination.  [7494.]  No  certificate 
shall  be  issued  by  any  county  board  or  county  superintendent 
except  upon  examination  as  provided  in  this  act;  provided, 
that  county  boards  may  renew  professional  certificates  from 
year  to  year,  as  provided  for  in  section  4  of  this  act.27  (Laws 
1903,  ch.  424,  sec.  7.) 

SEC.  83.  County  Certificates,  Where  Valid.  [7495.]  No  cer- 
tificate shall  be  of  force  except  in  the  county  in  which  it  is 

26.  At  the  expiration  of  a  temporary  certificate  another  temporary 
certificate  can  not  be  issued. 

27.  Professional  certificates  are  no  longer  issued.     First-grade  cer- 
tificates may  be  renewed  as  provided  in  section  79. 


36  CERTIFICATES — COUNTY.  [CH.  3 

issued ;  provided,  that  the  county  superintendent  may  indorse  28 
unexpired  professional  and  first-grade,  second-  and  third-grade 
certificates  issued  in  other  counties,  on  payment  of  the  usual 
fee  of  one  dollar,  which  certificate  shall  thereby  be  valid  in 
the  county  in  which  such  indorsement  is  made  for  the  unex- 
pired term  of  the  certificate.29  A  certificate  issued  under  this 
act  may  be  revoked  by  the  board  of  examiners  on  the  ground 
of  immorality  or  for  any  cause  that  would  have  justified  the 
withholding  thereof  when  the  same  was  granted.  (Laws  1905, 
ch.  393,  sec.  1.) 

SEC.  84.  Revocation;  Causes  For.  [7526.]  Any  certificate 
issued  by  the  State  Board  of  Education,  regents  of  the  State 
Normal  School,  county  board  of  examiners  or  city  board  of 
examiners  may  be  revoked  by  the  body  issuing  the  same  on 
the  grounds  of  immorality,  gross  neglect  of  duty,  annulling  of 
written  contracts  with  boards  of  education  and  district  boards 
without  the  consent  of  a  majority  of  the  board  which  is  a 
party  to  the  contract,  or  for  any  cause  that  would  have  justified 
the  withholding  thereof  when  the  same  was  granted.  (Laws 
1905,  ch.  392,  sec.  1.) 

SEC.  85.  Examination  of  Teachers  in  Physiology  and  Hy- 
giene. [7519.]  No  certificate  shall  be  granted  to  any  person 
to  teach  in  any  of  the  public  schools  of  this  state  after  the  1st 
day  of  January,  1886,  who  has  not  passed  a  satisfactory  ex- 
amination in  the  elements  of  physiology  and  hygiene,  with 
special  reference  to  the  effects  of  alcohol  stimulants  and  nar- 
cotics upon  the  human  system;  and  provision  shall  be  made 
by  the  proper  officers,  committees  and  boards  for  instructing 
all  pupils  in  each  public  school  supported  by  public  money  and 
under  state  control  upon  the  aforesaid  topics.  (Laws  1885,  ch. 
169,  sec.  1.) 

SEC.  86.  Examination  in  Districts  Employing  Ten  or  More 
Teachers.  [7533.]  That  in  any  common-school  district  em- 
ploying ten  or  more  teachers  therein,  the  school  board  may 
appoint  two  competent  persons,  who,  together  with  the  super- 
intendent of  the  school  of  such  district,  shall  constitute  an  ex- 
amining committee  of  such  school  board,  whose  duty  it  shall 
be  to  examine  all  persons  who  may  apply  to  them  as  teachers ; 
and  no  person  except  one  who  holds  a  diploma  or  a  certificate 
from  the  State  Board  of  Education  or  a  diploma  from  the  State 
Normal  School  shall  be  elected  by  such  board  as  a  teacher  who 
can  not  produce  a  certificate  from  the  examining  committee, 

28.  The  indorsement  of  any  county  certificate  by  the  county  superin- 
tendent is  required  unless  a  valid  reason  exists  for  withholding  indorse- 
ment. 

29.  The  indorsement  of  a  certificate  by  a  county  superintendent  in  a 
county  other  than  the  one  in  which  it  was  issued  makes  it  a  legal  certifi- 
cate in  the  county  where  indorsed  until  it  expires  by  limit  of  date.     A 
specified  limitation  accompanying  the  indorsement  is  of  no  effect. 


CH.  3]  CERTIFICATES — COUNTY.  37 

and  setting  forth  that  such  person  is  competent  to  teach  in 
such  department  of  said  school  as  may  be  stated  in  the  cer- 
tificate and  is  a  person  of  good  moral  character ;  and  provided, 
that  a  person  holding  such  state  diploma,  state  certificate  or 
State  Normal  School  certificate  or  a  certificate  granted  by  the 
aforesaid  examining  committee  shall  not  be  required  to  take 
any  county  teachers'  examinations.  (Laws  1907,  ch.  340, 
sec.  1.) 


38 


CHILD   LABOR. 


[CH.4 


CHAPTER  IV.— CHILD  LABOR. 


§87.     Employment   of   children   under  four- 
teen. 

88.    Employment    of    children    under    six- 
teen. 


§89.    Certificate  of  age  required. 

90.  Duties  of  inspectors. 

91.  Penalty. 


SECTION  87.  Employment  of  Children  Under  Fourteen. 
[5094.]  No  child  under  fourteen  years  of  age  shall  be  at  any 
time  employed,  permitted  or  suffered  to  work  in,  or  in  con- 
nection with,  any  factory,  workshop  not  owned  or  operated  by 
the  parent  or  parents  of  the  said  child,  theater  or  packing- 
house, or  operating  elevators,  or  in  or  about  any  mine.  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to  em- 
ploy any  child  under  fourteen  years  of  age  in  any  business  or 
service  whatever  during  the  hours  in  which  the  public  school 
is  in  session  in  the  district  in  which  said  child  resides.  (Laws 
1909,  ch.  65,  sec.  1.) 

SEC.  88.  Employment  of  Children  Under  Sixteen.  [5095.] 
It  shall  be  unlawful  for  children  under  sixteen  years  of  age, 
who  are  employed  in  the  several  vocations  mentioned  in  this 
act,  or  in  the  distribution  or  transmission  of  merchandise  or 
messages,  to  be  employed  before  seven  o'clock  A.  M.  or  after 
six  o'clock  P.  M.,  or  more  than  eight  hours  in  any  one  calendar 
day,  or  more  than  forty-eight  hours  in  any  one  week.  No 
person  under  sixteen  years  of  age  shall  be  employed  at  any  oc- 
cupation nor  at  any  place  dangerous  or  injurious  to  life,  limb, 
health  or  morals.  (Laws  1909,  ch.  65,  sec.  2.) 

SEC.  89.  Certificate  of  Age  Required.  [5096.]  All  persons 
firms  or  corporations  employing  children  in  any  of  the  vocations 
mentioned  in  this  act  under  sixteen  years  of  age  shall  be  re- 
quired to  first  obtain  a  certificate  of  the  age  of  such  children, 
based  upon  the  school  census  records,  the  same  to  be  secured 
where  possible  from  the  school  superintendent,  principal  or 
teacher  of  the  school  or  other  person  authorized  by  the  school 
board  to  have  charge  of  the  school  census  records  in  the  district 
or  city  wherein  such  children  reside.  Said  certificate  shall  be 
issued  without  charge,  and  shall  be  substantally  in  the  follow- 
ing form : 

,  ,  Kan.,   

city  county  date 

This  certifies  that ,  according  to  the  records  of  the 

full  name 

school  census  and  from  all  knowledge  that  I  can  obtain,  was  born 

day 

,   f  at   ,  in   county,  state  of 

mouth  year 

,  and  is  now years  and month . .  of  age.    His 

(or  her)   height  is ,  weight , 

tall — short — medium  heavy — light — medium 


CH.  4]                                        CHILD   LABOR.  39 

complexion ,  hair ,  eyes ,  and  he  resides  at 

fair  or  dark  color  color 

No ,    street.  ( Signature)    

of   school  or  district  No 

official  school  position  name  of  school 

When  said  child's  name  and  age  does  not  appear  on  the 
school  census  enumeration  of  said  city  or  district,  then  said 
firm,  person  or  corporation  employing  such  child  shall  secure 
an  affidavit  from  the  parent  or  legal  guardian  of  such  child, 
which  statement  shall  contain  the  facts  and  data  as  set  forth 
in  the  above  certificate,  and  shall  be  certified  on  oath  before 
some  officer  authorized  to  administer  paths.  Such  certificate 
or  affidavit  shall  be  sufficient  protection  to  the  employer  of 
any  child  as  to  the  age  of  such  child,  except  when  such  em- 
ployer has  actual  knowledge  of  the  falsity  of  such  certificate, 
and  all  such  certificates  shall  be  kept  constantly  on  file  in  a 
convenient  place,  and  shall  at  all  times  be  open  to  inspection 
of  the  proper  authorities,  as  provided  in  this  act.  (Laws  1909, 
ch.  65,  sec.  3.) 

SEC.  90.  Duties  of  Inspectors.  [5097.]  It  shall  be  the  duty 
of  the  state  factory  inspector,  state  inspector  of  mines  and 
their  deputies  to  inspect  the  certificates  hereinabove  provided 
for,  to  examine  children  employed  in  factories,  workshops, 
theaters,  elevators,  packing-houses  and  mines  and  the  voca- 
tions mentioned  in  section  2  of  this  act  as  to  their  age,  and  t» 
file  complaints  in  any  court  of  competent  jurisdiction  to  en- 
force the  provisions  of  this  act,  and  it  shall  be  the  duty  of  the 
county  attorney  of  the  proper  county  to  appear  and  prosecute 
all  complaints  so  filed.  (Laws  1909,  ch.  65,  sec.  4.) 

SEC.  91.  Penalty.  [5098.]  Any  person,  firm  or  corpora- 
tion employing  any  person  or  child  in  violation  of  any  provi- 
sions of  this  act,  or  permitting  or  conniving  at  such  violation, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  less-  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  thirty  days  nor  more  than  ninety  days. 
(Laws  1909,  ch.  65,  sec.  5.) 


40 


CITIES   OF  FIRST  AND   SECOND   CLASS. 


[CH.5 


CHAPTER  V.— CITIES. 
ARTICLE  I. — CITIES  OF  THE  FIRST  AND  SECOND  CLASS. 


§92.  Board  of  education. 

93.  Vacancies. 

94.  Nomination  and  election. 

95.  Vacancy. 


§96.  Clerk. 

97.  Superintendent. 

98.  Examining  committee;  teachers. 

99.  Use  of  school  buildings. 


SECTION  92.  Board  of  Education.  [Laws  1911,  ch.  267,  sec. 
1.]  That  in  each  city  of  the  first  and  second  class,  except  those 
cities  having  a  population  of  more  than  50,000  and  less  than 
75,000  by  the  United  States  census  of  1910,  there  shall  be  a 
board  of  education,  which  shall  constitute  a  body  corporate 
and  politic,  possessing  the  usual  powers  of  public  corporations, 
consisting  of  six  members,  to  be  nominated  and  elected  by  the 
qualified  voters  of  the  city  at  large,  three  of  whom  shall  be 
elected  at  the  general  city  election  held  in  April  of  each  odd- 
numbered  year,  and  shall  hold  their  office  for  a  term  of  four 
years  and  until  their  successors  are  duly  elected  and  qualified, 
and  said  term  of  office  shall  begin  on  the  first  Monday  in 
August  succeeding  their  election;  provided,  that  no  member 
of  the  board  of  education  shall  be  a  city  commissioner  or  mem- 
ber of  the  city  council,  and  no  city  commissioner  or  member  of 
the  city  council  shall  be  a  member  of  the  board  of  education. 
The  territory  attached  to  cities  of  the  first  and  second  class 
shall  constitute  a  part  of  such  cities  for  the  purposes  of  this  act. 

SEC.  93.  Vacancies.  [Laws  1911,  ch.  267,  sec.  3.]  That  the 
board  of  education  shall  have  power  to  fill  any  vacancy  which 
may  occur  in  their  body ;  provided,  that  any  vacancy  occurring 
more  than  ten  days  previous  to  the  date  provided  by  law  for 
the  filing  of  primary  nomination  papers,  and  leaving  an  un- 
expired  term  of  one  or  more  years,  shall  be  filled  at  the  first 
city  election  thereafter,  and  the  ballots  and  returns  of  election 
shall  be  designated  as  follows:  "To  fill  the  unexpired  term 
of years." 

SEC.  94.  Nomination  and  Election.  [Laws  1911,  ch.  267, 
sec.  5.]  That  in  all  cities  of  the  first  and  second  class  which 
have  heretofore  adopted  or  shall  hereafter  adopt  the  pro- 
visions of  the  General  Statutes  of  the  year  1909  authorizing 
the  government  of  such  cities  by  boards  of  commissioners, 
candidates  for  nomination  at  the  primary  and  for  election  as 
members  of  the  board  of  education  shall  be  nominated  and 
elected  in  the  same  manner  as  nearly  as  practicable  as  are  the 
mayor  and  commissioners  in  such  cities,  and  may  be  recalled 
in  like  manner.  The  number  of  members  to  be  elected  at  each 
general  city  election  shall  be  certified  to  the  city  clerk  by  the 
president  or  clerk  of  the  board  of  education  at  least  ten  days 
previous  to  the  date  provided  by  law  as  the  last  day  for  filing 


CH.  5]  CITIES   OF  FIRST   AND   SECOND  CLASS.  41 

primary  nomination  papers.  The  names  of  all  candidates 
shall  appear  in  alphabetical  order  on  the  official  city  primary 
ballot,  in  a  separate  column,  under  the  heading  "Candidates 
for  nomination  for  members  of  the  board  of  education 

of city  at  the  primary  election,"  and  above  the  names 

the  words  "Vote  for  ,"  filling  in  the  blank  with  the 

figure  equalling  the  number  of  members  of  the  board  of  edu- 
cation to  be  chosen  at  the  regular  election.  The  names  of 
double  the  number  of  members  of  the  board  to  be  elected  re- 
ceiving the  highest  number  of  votes  at  the  primary  election 
shall  be  placed  upon  the  ballot  as  candidates  for  members  of 
the  board  of  education  at  the  next  succeeding  general  city 
election.  The  persons  receiving  the  highest  number  of  votes 
at  such  regular  city  election  shall  be  declared  elected,  and  each 
shall  receive  a  certificate  signed  by  the  mayor  and  city  clerk, 
under  the  seal  of  the  city.  Each  person  elected  shall  qualify 
within  ten  days  after  his  election  by  filing  an  oath  of  office 
with  the  city  clerk,  but  he  shall  not  take  office  until  the  first 
Monday  in  August  succeeding  his  election.  The  city  clerk 
shall  within  thirty  days  after  the  canvass  of  the  votes  certify 
to  the  board  of  education  the  names  of  the  candidates  elected 
as  members  of  such  board.  Any  petition  for  nomination  for 
member  of  the  board  of  education  filed  prior  to  the  date  on 
which  this  act  goes  into  effect,  and  complying  with  the  law  in 
effect  at  the  time  of  filing  said  petition,  is  hereby  declared  to 
be  legal. 

SEC.  95.  Vacancy.  [Laws  1911,  ch.  269,  sec.  2.]  That  the 
board  of  education  in  cities  of  the  first  and  second  class  shall 
have  the  right,  at  any  regular  or  special  meeting,  to  hold  an 
election  to  fill  any  vacancy  which  may  occur  among  the  officers 
of  the  board,  or  any  of  its  employees;  and  the  board  may 
remove  any  of  its  employees  for  incompetence,  negligence,  or 
immorality,  after  notice  and  a  fair  hearing  of  the  person  so 
charged.  The  fiscal  year  of  the  board  shall  close  on  the  last 
day  of  June,  and  the  annual  reports  of  the  president,  clerk, 
superintendent  and  of  the  several  committees  shall  be  pre- 
sented to  the  board  on  or  before  the  first  Monday  in  August  of 
each  year. 

SEC.  96.  Clerk.  [Laws  1911,  ch.  269,  sec.  3.]  That  it  shall 
be  the  duty  of  the  clerk  to  be  present  at  all  meetings  of  the 
board,  to  keep  an  accurate  journal  of  its  proceedings,  and  to 
have  the  care  and  custody  of  the  records,  books  and  documents 
of  the  board,  to  countersign  all  warrants  drawn  upon  the 
treasurer  by  order  of  the  board,  to  keep  an  accurate  account 
of  all  moneys  paid  to  the  treasurer  on  account  of  said  board 
and  all  moneys  paid  or  orders  drawn  on  the  treasurer  by  order 
of  said  board,  and  to  prepare  and  publish  an  annual  report 
showing  (1)  the  moneys  received  by  the  treasurer  since  the 
last  report,  and  from  what  source  received;  (2)  the  amount 


42  CITIES   OF  FIRST  AND   SECOND   CLASS.  [CH.  5 

of  sinking-fund,  and  how  invested;  (3)  the  moneys  paid  out, 
and  for  what;  (4)  the  balance  of  general  fund  in  the  hands 
of  the  treasurer;  (5)  and  the  number,  date  and  amount  of  any 
bond  issued  by  said  board  and  of  all  bonds  purchased  for  the 
sinking-fund;  and  the  clerk  shall  perform  such  other  duties  as 
the  board  or  its  committees  shall  require. 

SEC.  97.  Superintendent.  [Laws  1911,  ch.  269,  sec.  4.] 
That  the  board  of  education  in  cities  of  the  first  and  second 
class,  at  such  times  as  they  may  deem  expedient,  shall  elect  a 
superintendent  of  schools,  who  shall  not  be  a  member  of  said 
board,  for  a  term  of  one  or  two  years,  as  the  board  may  choose, 
and  whose  term  shall  begin  on  the  first  Monday  in  August. 
The  superintendent  shall  have  charge  and  control  of  the  public 
schools  of  the  city,  subject  to  the  orders,  rules  and  regulations 
and  by-laws  of  the  board,  and  shall  receive  for  his  services 
such  compensation  as  the  board  may  allow.  Such  superintend- 
ent shall  be  the  holder  of  a  state  certificate  valid  for  at  least 
three  years,  or  be  a  graduate  of  an  accredited  normal  school, 
college  or  university;  provided,  that  the  qualifications  herein 
specified  shall  not  apply  to  any  person  holding  the  position  of 
superintendent  of  schools  in  any  city  of  the  first  or  second 
class  at  the  date  when  this  act  shall  take  effect. 

SEC.  98.  Examining  Committee;  Teachers.  [Laws  1911, 
ch.  269,  sec.  5.]  That  the  board  of  education  in  cities  of  the 
first  and  second  class,  at  such  times  as  they  may  deem  ex- 
pedient, shall  appoint  two  competent  persons  who,  with  the 
superintendent  as  chairman  thereof,  shall  be  styled  the  examin- 
ing committee  of  the  board  of  education,  whose  duty  it  shall 
be  to  examine  all  persons  who  shall  apply  to  them  as  teach- 
ers ;30  and  no  person  except  one  who  holds  a  diploma  or  a  cer- 
tificate from  the  State  Board  of  Education  or  a  diploma  from 
the  State  Normal  School  shall  be  elected  by  the  board  as  a 
teacher,  unless  such  person  is  the  holder  of  a  certificate  from 
the  examining  committee,  signed  by  all  or  a  majority  of  them, 
and  setting  forth  that  such  person  is  competent  to  teach  in 
such  department  of  the  public  schools  as  may  be  stated  in  the 
certificate  and  is  a  person  of  good  moral  character. 

SEC.  99.  Use  of  School  Buildings.  [Laws  1913,  ch.  283,  sec. 
1.]  *  The  board  of  education  of  cities  of  the  first  and  the  second 
class  shall  have  the  care  and  keeping  of  all  school  buildings  and 
other  school  properties  belonging  to  the  city  school  districts. 

30.  Qualifications  of  Teachers  in  Cities  of  the  First  and  Second  Class. 
The  school  law  authorizes  the  board  of  education  in  a  city  of  the  first  or 
second  class  to  examine  teachers  as  to  their  qualification  to  teach  in  any 
given  department  of  the  public  schools  of  such  city.  Said  board  of  edu- 
cation has  power  to  determine  the  kind  and  grade  of  the  certificates  and 
for  how  long  valid.  Certificates  of  this  kind  are  valid  in  the  city  of  issue 
only.  Cities  of  the  first  and  second  class  must  recognize  three-year  and 
life  certificates  and  diplomas  issued  by  the  State  Board  of  Education  and 
diplomas  from  the  State  Normal  Schools. 


CH.  5]        CITIES   OF  FIRST,   SECOND  AND  THIRD  CLASS. 


43 


§104.    Costs. 

105.  County  high  schools. 

106.  Depositories  for  funds,  cities  of  sec- 

ond and  third  class. 


They  shall  have  authority  to  open  any  or  all  school  buildings  for 
the  use  of  night  schools,  improvement  associations,  scientific, 
mechanical  or  agricultural  societies,  under  such  regulation  as 
the  board  of  education  may  adopt ;  provided  that  the  board  of 
education  may  at  any  time,  if  they  think  best,  refuse  to  open 
any  or  all  school  buildings  for  any  or  all  of  these  purposes. 

ARTICLE  II. — CITIES  OF  THE  FIRST,  SECOND  AND  THIRD  CLASS. 

§100.    Right  of  eminent  domain. 

101.  Commissioners  to  appraise  and  con- 

demn property. 

102.  Notice;   report. 

103.  Title  to  land;   appeal. 

SECTION  100.  Right  of  Eminent  Domain.  [7859.]  That  the 
right  of  eminent  domain  be  and  the  same  is  hereby  conferred 
upon  the  boards  of  education  of  all  cities  of  the  first  and  sec- 
ond class,  all  such  boards  having  always  been  distinct  bodies 
corporate,  possessing  the  usual  powers  of  bodies  of  [or]  cor- 
porations for  public  purposes,  and  any  school  district  in  which 
is  located  a  city  of  the  third  class.  (Laws  1909,  ch.  86,  sec.  1.) 

SEC.  101.  Commissioners  to  Appraise  and  Condemn  Prop- 
erty. [7860.]  Whenever  it  shall  be  deemed  necessary  by  the 
board  of  education  of  any  city  of  the  first  or  second  class  or 
any  school  district  in  which  is  located  a  city  of  the  third  class 
to  appropriate  any  private  property  for  its  use  for  sites  for 
school  buildings,  playgrounds,  or  any  addition  or  extension  to 
any  school  building  site  or  playground  already  selected,  the 
board  of  education  of  such  city  or  such  school  board  shall 
cause  a  survey,  description  and  plat  of  the  land  so  required  tt 
be  made  and  filed  with  its  clerk,  and  thereupon  shall  make  an 
order  declaring  that  the  appropriation  of  such  land  is  neces.- 
sary  and  setting  forth  for  what  purposes  the  same  is  to  be 
used.  Upon  the  written  application  of  the  board  of  education 
of  said  city  or  school  board  of  any  school  district  in  which  is 
located  a  city  of  the  third  class,  or  a  majority  of  the  board,  it 
shall  be  the  duty  of  the  judge  of  the  district  court  of  the 
county  in  which  such  land  is  situated  to  appoint  three  disin- 
terested freeholders  of  such  county  as  commissioners  to  con- 
demn and  appraise  such  lands,  which  appointment  shall  be  in 
writing  and  certified  to  said  board  of  education  or  school 
board,  and  said  board  shall  without  delay  cause  such  applica- 
tion and  certificate  of  the  appointment  to  be  recorded  in  the 
office  of  the  register  of  deeds  of  such  county ;  and  in  case  any 
person  so  appointed  refuses  or  fails  to  serve  as  such  com- 
missioner for  any  reason,  the  said  district  judge,  upon  the 
application  of  such  board,  shall  appoint  some  other  person 
having  the  proper  qualifications  to  fill  such  vacancy.  Such 
commissioners  shall  be  sworn  honestly  and  faithfully  to  per- 
form their  duties;  and  such  commissioners  shall  proceed  im- 
mediately after  their  appointment  to  condemn  and  appraise 
the  value  of  the  lands  so  selected.  (Laws  1909,  ch.  86,  sec.  2.) 


44  CITIES   OF  FIRST,   SECOND  AND  THIRD   CLASS.       [CH.  5 

SEC.  102.  Notice;  Report.  [7861.]  Such  commissioners 
shall  give  at  least  thirty  days'  notice  of  the  time  and  place 
when  and  where  the  damage  will  be  assessed,  by  publication 
for  three  consecutive  weeks  in  some  newspaper  of  general  cir- 
culation published  in  such  county  that  on  the  time  fixed  by 
such  notice  they  will  upon  actual  view  appraise  the  value  of 
the  lands  taken  and  assess  any  other  damages  to  the  owners 
thereof.  Such  notice  shall  describe  the  property  taken  and 
the  name  or  names  of  the  owner  if  known.  The  said  com- 
missioners may  adjourn  as  often  and  for  such  length  of  time 
as  may  be  deemed  convenient,  and  may  during  any  adjourn- 
ment perfect  and  correct  all  errors  or  omissions  in  the  giving 
of  notice  by  making  new  publication,  citing  corporations  or 
individual  property  owners  who  have  not  been  notified,  or  if 
defective  or  insufficient  notice  has  been  given,  a  notice  of  any 
adjourned  meeting  shall  be  as  effective  as  notice  of  the  first 
meeting  of  the  commissioners,  and  the  commissioners  shall, 
upon  completing  their  duties,  make  and  sign  a  report  de- 
scribing the  land  so  condemned,  the  purpose  for  which  it  was 
condemned,  and  the  appraised  value  thereof,  which  report 
shall  be  by  them  filed  in  the  office  of  the  city  clerk  of  the  city 
or  clerk  of  said  school  district  in  which  such  land  is  located. 
And  such  city  clerk  or  clerk  of  said  school  district  shall  imme- 
diately cause  a  certified  copy  of  such  report  to  be  filed  in  the 
office  of  the  register  of  deeds  of  the  county  in  which  such  land 
is  situated,  and  by  such  register  duly  recorded  as  other  instru- 
ments of  writing  affecting  the  titles  to  real  estate.  (Laws 
1909,  ch.  86,  sec.  3.) 

SEC.  103.  Title  to  Land;  Appeal.  [7862.]  Such  city  clerk 
or  clerk  of  such  school  district  shall  immediately  cause  a  cer- 
tified copy  of  such  report  to  be  filed  with  the  clerk  of  such 
board  of  education  or  clerk  of  said  school  district.  If  within 
thirty  days  after  such  report  is  filed  in  the  office  of  the  city 
clerk  or  clerk  of  said  school  district  the  board  of  education  or 
said  school  board  shall  pay  to  the  county  treasurer  for  the  use 
of  the  owner  of  such  land  the  amount  of  the  appraised  value 
thereof,  the  title  to  such  land  so  condemned  and  appropriated 
shall  immediately  vest  in  such  board  of  education  of  said 
school  district,  which  shall  have  the  right  forthwith  to  take 
possession  of,  occupy,  use  and  improve  the  same.  Either 
party,  the  owner  of  the  land  or  the  board  of  education  of  said 
school  district,  may  appeal  from  such  appraisement  to  the  dis- 
trict court  in  the  same  time  and  manner  that  appeals  are  taken 
from  the  judgments  of  justices  of  the  peace  in  civil  actions, 
except  as  provided  in  the  following  paragraph:  The  appeal 
bond  shall  be  filed  with  and  approved  by  the  clerk  of  the  dis- 
trict court  in  which  said  land  so  condemned  and  appropriated 
is  situated,  and  such  clerk  or  clerk  of  said  district  shall  imme- 
diately make  a  transcript  of  the  report  of  such  commissioners 
and  such  bond  and  file  the  same  with  the  clerk  of  the  district 


CH.  5]       CITIES  OF  FIRST,   SECOND  AND  THIRD   CLASS.  45 

court  of  the  county  in  which  said  lands  are  located.    (Laws 
1909,  ch.  86,  sec.  4.) 

SEC.  104.  Costs.  [7863.]  That  all  costs  and  expenses  of 
such  condemnation  proceedings  shall  be  paid  by  such  board  of 
education  or  such  school  board  out  of  its  school  fund.  (Laws 
1909,  ch.  86,  sec.  5.) 

SEC.  105.  County  High  Schools.  [7864.]  The  provisions 
of  this  act  shall  also  apply  to  and  include  boards  of  trustees 
of  county  high  schools  now  or  hereafter  organized  in  the  state 
of  Kansas.  (Laws  1909,  ch.  86,  sec.  6.) 

SEC.  106.  Depositories  for  Funds,  Cities  of  Second  and  Third 
Class.  [851.]  That  in  all  cities  of  the  second  and  third  classes 
the  city  treasurer,  and  also  the  treasurer  of  the  board  of  ed- 
ucation of  cities  of  the  second  class,  and  the  treasurer  of  the 
school  board  of  any  district  in  which  there  is  a  city  of  the 
third  class,  shall  deposit  all  public  moneys  coming  into  their 
hands  in  their  official  capacity  in  some  responsible  bank  or 
banks  within  said  city,  the  same  to  be  designated  by  the  mayor 
and  councilmen  of  such  cities,  and  in  the  case  of  such  school 
funds  said  depositories  to  be  designated  by  the  board  of  edu- 
cation or  school  board,  as  the  case  may  be,  in  such  city.  Such 
deposit  shall  be  made  in  the  name  of  such  treasurer  as  such 
officer,  and  such  banks  shall  pay  such  interest  on  average  daily 
balances  as  may  be  agreed  upon,  figured  on  even  hundreds 
of  dollars ;  provided,  that  in  no  case  shall  the  rate  of  interest  be 
less  than  two  per  centum  per  annum  on  such  average  daily 
balances;  and  provided  further,  that  where  more  than  one 
bank  is  designated  as  depository  for  any  fund,  such  fund  shall 
be  equally  divided  by  the  treasurer  of  such  fund  among  such 
banks.  Before  making  such  deposits  the  mayor  and  council- 
men,  the  board  of  education  or  school  board,  as  the  case  may 
be,  shall  take  from  such  bank  or  banks  a  good  and  sufficient 
bond,  payable  to  such  city,  board  of  education,  or  school  board, 
as  the  case  may  be,  the  same  to  be  approved  by  such  mayor  and 
councilmen,  or  board  of  education,  or  school  board,  as  the  case 
may  be,  in  a  sum  double  the  largest  approximate  amount  that 
may  be  on  deposit  at  any  one  time,  or  the  bond  of  some  surety 
company  empowered  to  do  business  in  the  state  of  Kansas  in  a 
sum  aggregating  the  largest  approximate  sum  that  may  be  on 
deposit  at  any  one  time,  conditioned  that  such  deposit  shall  be 
promptly  paid  on  the  check  or  draft  of  the  treasurer  of  such 
city,  board  of  education  or  school  board,  and  the  bondsmen  of 
such  treasurer  shall  not  be  liable  for  money  so  deposited;  but 
in  no  case  shall  more  than  one-half  of  the  amount  of  said 
depository  bond  be  subscribed  by  the  officers  of  said  bank,  and 
such  bank  or  banks  shall  on  the  first  day  of  each  month  file 
with  the  clerk  of  such  city,  board  of  education  or  school  board, 
as  the  case  may  be,  a  statement  of  the  amount  of  money  on 
hand  at  the  close  of  business  each  day  during  the  previous 
month  and  the  amount  of  interest  accrued  thereon  to  said 
date.  (Laws  1909,  ch.  89,  sec.  1.) 


46 


CITIES  OF  FIRST   CLASS. 


[CH.5 


ARTICLE  III. — CITIES  OF  THE  FIRST  CLASS. 


§126.    City    school    property    exempt    from 
taxation. 

127.  For    what    purpose    the    board    may 

issue  bonds. 

128.  Bond  election;   limitation. 

129.  Date,  rate,  maturity,  and  attest. 

130.  Annual   levy   for    interest    and   sink- 

ing-fund. 

131.  Sinking-fund,     how    used     and    cm- 

ployed. 

132.  Interest  to  be  paid,  when. 

133.  Payment   of   interest    and   principal, 

how  secured. 

134.  The  clerk  shall  register  bonds  issued 

by  the  board. 

135.  Refunding  outstanding  bonded  debt. 

136.  Registration  of  funding  bonds. 

137.  Annual   levy  of   tax   to  pay   interest 

and  principal  of  funding  bonds. 

138.  Penalty    for    neglecting    or    refusing 

to  levy  bond  tax. 

139.  Use   of   money   levied   and    collected 

under  this  act. 

140.  Elections  under  commission  system. 


§107.    Cities  of  the  first  class  denned. 

108.  Attachment  of  adjacent  territory. 

109.  Powers  and  duties  of  board  of  edu- 

cation. 

110.  Duty  of  president. 

111.  Duty  of  vice  president. 

112.  Clerk    shall    execute    bond;    oath    of 

office. 

113.  Treasurer,  duty  of. 

114.  Board  not  to  receive  pay. 

115.  Vacancy  in  committee,  how  filled. 

116.  Annual  levy  of  taxes. 

117.  All    school    taxes    shall    be    paid    in 

money. 

118.  Limitation  of  levy. 

119.  The    whole    city    shall     compose     a 

school  district. 

120.  All    city    school    property    shall    be 

vested  in  the  board. 

121.  Sale  or  conveyance  of  school  prop- 

erty. 

122.  Meetings  of  the  board,  when  held. 

123.  Annual  report  of  the  board  shall  be 

published,  when  and  how. 

124.  Restrictions  regarding  expenditures. 

125.  No  sectarian  doctrine  shall  be  taught 

in  the  city  schools. 

SECTION  107.  Defined.  [7554.]  All  cities  of  more  than 
15,000  inhabitants  shall  be  governed  by  the  provisions  of  this 
act.  (Laws  1876,  ch.  122,  art.  10,  sec.  1.) 

SEC.  108.  Attachment  of  Adjacent  Territory.  [Laws  1911, 
ch.  93,  sec.  1.]  Territory  outside  the  city  limits  of  any  city  of 
the  first  class,  but  adjacent  thereto,  may  be  attached  to  such 
city  for  school  purposes,  upon  the  application  being  made  to 
the  board  of  education  of  such  city  by  a  majority  of  the  electors 
of  such  adjacent  territory;  and  upon  the  application  being 
made  to  the  board  of  education  they  shall,  if  they  deem  it 
proper  and  to  the  best  interests  of  the  school  of  said  city  and 
territory  seeking  to  be  attached,  issue  an  order  attaching  such 
territory  to  such  city  for  school  purposes  and  to  enter  the 
same  upon  their  journal,  and  such  territory  shall  from  the 
date  of  such  order  be  and  compose  a  part  of  such  city  for 
school  purposes  only,  and  the  taxable  property  of  such  adjacent 
territory  shall  be  subject  to  taxation  and  bear  its  full  propor- 
tion of  all  expenses  incurred  in  the  erection  of  school  buildings 
and  in  maintaining  the  schools  of  said  city.  Such  territory 
shall  be  attached  to  the  several  wards  of  such  city  contiguous 
thereto  as  shall  be  determined  by  the  board  of  education  of 
any  such  city,  and  when  so  attached  shall  remain  parts  of  such 
for  school  purposes  only.  Persons  residing  upon  such  at- 
tached territory  and  possessing  the  qualifications  of  electors 
under  the  laws  of  the  state  of  Kansas  shall  be  qualified  to  vote 
at  an  election  held  in  any  such  city  for  school  purposes  only 
in  any  such  ward  of  such  city  to  which  such  territory  shall 
be  attached,  and  official'  ballots  shall  be  printed  for  such  at- 
tached territory  to  such  wards  as  in  other  cases. 

NOTE. — See  sections  92-98  for  the  organization  and  election  of  boards 
of  education  in  cities  of  the  first  class. 


CH.  5]  CITIES   OF  FIRST   CLASS.  47 

SEC.  109.  Powers  and  Duties  of  the  Board.  [7584.]  The 
board  of  education  shall  have  power  to  elect  their  own  officers, 
make  all  necessary  rules  for  the  government  of  the  schools  of 
such  city  under  its  charge  and  control  and  of  the  board,  sub- 
ject to  the  provisions  of  this  act  and  the  laws  of  this  state;  to 
organize  and  maintain  separate  schools  for  the  education  of 
white  and  colored  children,  including  the  high  schools  in  Kan- 
sas City,  Kan. ;  no  discrimination  on  account  of  color  shall  be 
made  in  high  schools,  except  as  provided  herein;  to  exercise 
the  sole  control  over  the  public  schools  and  school  property  of 
such  city ;  and  shall  have  the  power  to  establish  a  high  school 
or  high  schools  in  connection  with  manual  training  and  in- 
struction or  otherwise,  and  to  maintain  the  same  as  a  part  of 
the  public-school  system  of  said  city.  (Laws  1905,  ch.g  414, 
sec.  1.) 

SEC.  110.  President.  [7563.]  It  shall  be  the  duty  of  the 
president  to  preside  at  all  meetings  of  the  board  of  education, 
to  appoint  all  committees  whose  appointment  is  not  otherwise 
provided  for,  and  to  sign  all  warrants  ordered  by  the  board  of 
education  to  be  drawn  upon  the  city  treasurer  for  school 
moneys.  (Laws  1876,  ch.  122,  art.  10,  sec.  6.) 

SEC.  111.  Vice  President.  [7564.]  It  shall  be  the  duty  of 
the  vice  president  to  perform  all  the  duties  of  the  president,  in 
case  of  his  absence  or  disability.  (Laws  1876,  ch.  122,  art.  10, 
sec.  7.) 

SEC.  112.  Bond  of  Clerk.  [7566.]  Before  entering  upon 
the  discharge  of  his  duties,  the  clerk  of  the  board  of  education 
shall  give  bond  in  the  sum  of  $1000,  with  good  and  sufficient 
securities,  to  be  approved  by  the  board,  and  shall  take  and 
subscribe  an  oath  or  affirmation  before  a  proper  officer  that 
he  will  support  the  constitution  of  the  United  States,  the  con- 
stitution of  the  state  of  Kansas,  and  faithfully  perform  the 
duties  of  his  office.  (Laws  1876,  ch.  122,  art.  10,  sec.  9.) 

SEC.  113.  Treasurer.  [Laws  1911,  ch.  95,  sec.  1.]  That  sec- 
tion 7567  is  amended  to  read  as  follows :  Sec.  7567.  The  treas- 
urer of  the  city  shall  be  ex  officio  the  treasurer  of  the  board  of 
education,  and  shall  give  such  bond  to  the  board  of  education 
as  the  board  may  require,  said  bond  to  be  approved  by  the 
board  of  education  and  filed  with  its  clerk.  It  shall  be  the  duty 
of  the  treasurer  to  deposit  daily  all  money  belonging  to  the 
board  of  education  in  some  responsible  bank,  to  be  designated 
by  the  board  of  education,  in  the  name  of  such  treasurer  as 
such  officer,  which  bank  shall  pay  interest  on  monthly  average 
balances  as  may  be  agreed  upon  by  such  bank  and  the  board  of 
education ;  and  before  making  such  deposits  the  board  of  edu- 
cation shall  take  from  such  bank  a  good  and  sufficient  bond  in 
a  sum  to  be  designated  by  the  board  of  education,  conditioned 
that  such  deposits  shall  be  promptly  paid  on  the  check  or  draft 


48  CITIES  OF  FIRST  CLASS.  [CH.  5 

of  such  treasurer.  The  treasurer  shall  attend  all  of  the  meet- 
ings of  the  board  when  required  to  do  so;  shall  prepare  and 
submit  in  writing  a  monthly  report  of  the  finances  of  said 
board ;  and  shall  pay  school  monies  only  upon  a  warrant  signed 
by  the  president,  or  in  his  absence  by  the  vice  president,  and 
countersigned  by  the  clerk.  The  treasurer  shall  receive  from 
the  board  of  education  fifty  dollars  per  annum  for  his  services 
as  treasurer,  and  no  more ;  provided,  that  boards  of  education 
in  cities  of  the  first  class  may,  if  they  deem  it  proper,  elect 
the  treasurer  of  the  board  of  education  to  serve  during  the 
pleasure  of  the  board  and  receive  such  salary  as  they  may  de- 
termine. 

SEC.  114.  No  Compensation.  [7568.]  No  member  of  the 
board  of  education  shall  receive  any  pay  or  emolument  for  his 
services.  (Laws  1876,  ch.  122,  art.  10,  sec.  11.) 

SEC.  115.  Vacancy.  [7550.]  The  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  the  ex- 
amining committee.  (Laws  1876,  ch.  122,  art.  10,  sec.  13.) 

SEC.  116.  Annual  Levy  of  Taxes.  [7556.]  That  the  board 
of  education  in  cities  of  the  first  class  shall,  in  the  month  of 
August  of  each  year,  levy  a  tax  for  the  support  of  the  schools 
of  the  city,  including  building  and  repair  of  school  buildings, 
for  the  fiscal  year  commencing  on  the  1st  day  of  July  last  pre- 
ceding the  month  of  August  in  which  levy  shall  be  made, 
not  exceeding  in  any  one  year  twenty  mills31  on  the  dollar  on 
all  personal,  mixed  and  real  property  within  said  city  which 
is  taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  president  and  clerk  of  the  board  shall,  on  or  before 
August  25,  certify  to  the  county  clerk,  who  is  hereby  author- 
ized and  required  to  place  the  same  on  the  tax-roll  of  said 
county,  to  be  collected  by  the  treasurer  of  the  county  as  are 
other  taxes  and  paid  over  by  him  to  the  treasurer  of  the 
board  of  education,  subject  to  the  order  of  said  board  of  ed- 
ucation; provided,  that  in  all  cities  of  the  first  class. having  a 
population  of  exceeding  thirty-eight  thousand  inhabitants,  the 
board  of  education  of  such  city  shall  have  power  and  is  hereby 
authorized  to  levy  a  tax  for  the  support  of  the  schools  of  such 
city  for  such  fiscal  year  of  not  to  exceed  seventeen  mills31  on 
the  dollar  of  all  taxable  property  in  such  city,32  and  shall  have 
power,  in  addition  thereto,  to  levy  a  tax  upon  all  the  taxable 
property  in  such  city  of  not  exceeding  three  mills31  on  the 
dollar  of  the  assessed  valuation  for  building  purposes  and  re- 

31.  Changed  to  six  mills  for  cities  of  40,000  or  under.     For  cities 
having  a  population  of  over  40,000,  the  maximum  rate  is  five  mills  for 
the  support  of  schools  and  one  mill  for  building  purposes.     (Laws  1909 
ch.  245,  sec.  22;  section  118  of  this  book.) 

32.  Se«  section  431  of  this  book  for  provisions  for  manual  training 
in  cities  of  the  first  class. 


CH.  5]  CITIES   OF  FIRST  CLASS.  49 

pairs  of  school  buildings  in  such  city;  and  provided  further, 
that  each  and  all  of  the  foregoing  levies  hereby  authorized 
shall  be  exclusive  of  and  in  addition  to  the  amount  necessary 
to  be  levied  under  existing  laws  for  the  payment  of  interest 
upon  bonds  heretofore  issued  or  which  may  be  hereafter  is- 
sued by  boards  of  education  of  cities  of  the  first  class  and  for 
a  sinking-fund  for  the  redemption  of  such  bonds,  as  provided 
by  the  laws  under  which  such  bonds  have  been  or  may  be  is- 
sued. (Laws  1907,  ch.  330,  sec.  1.) 

SEC.  117.  Taxes.  [7571.]  All  taxes  collected  for  the  benefit 
of  the  public  schools  shall  be  paid  in  money,  and  shall  be  placed 
in  the  hands  of  the  city  treasurer,  subject  to  the  order  of  the 
board  of  education.  (Laws  1876,  ch.  122,  art.  10,  sec.  15.) 

SEC.  118.  Levy,  Limitations.  [9415.]  The  authority  of 
boards  of  education  in  cities  of  the  first  class  to  levy  taxes, 
as  provided  in  chapter  330,  Laws  of  1907,  is  hereby  limited 
so  that  the  board  of  education  of  any  such  city  shall  not  fix 
a  rate  of  levy  for  the  respective  purposes  in  excess  of  the  fol- 
lowing-named rates:  For  the  support  of  the  schools  of  the 
city,  including  building  and  repairs  of  school  buildings  in  all 
cities  of  40,000  population  or  under,  the  rate  of  levy  shall  not 
exceed  six  mills;  for  the  support  of  the  schools  in  all  cities 
having  a  population  of  over  40,000,  the  rate  of  levy  shall  not 
exceed  five  mills ;  for  building  purposes  and  repairs  of  school 
buildings  in  all  cities  having  a  population  of  over  40,000,  the 
rate  of  levy  shall  not  exceed  one  mill.  (Laws  1909,  ch.  245, 
sec.  22.) 

SEC.  119.  District.  [7572.]  The  whole  city  shall  compose 
a  school  district  for  all  purposes  of  taxation,  but  may  be  sub- 
divided by  the  board  of  education  into  as  many  districts  as 
they  may  think  proper.  (Laws  1876,  ch.  122,  art.  10,  sec.  16.) 

SEC.  120.  Property.  [7573.]  The  title  of  all  property  held 
for  the  use  or  benefit  of  the  public  schools  shall  be  vested  in 
the  board  of  education,  and  held  by  them  in  trust  for  the 
city;  and  the  board  of  education  may  sue  in  its  own  name 
for  all  money  due  or  to  become  due  to  the  board  or  the  school 
fund,  and  for  any  trespass  upon,  injury  to  or  concession  of 
any  of  the  school  property  of  said  city,  for  the  benefit  of  the 
school  fund  of  such  city.  (Laws  1876,  ch.  122,  art.  10,  sec.  17.) 

SEC.  121.  Sale  of  Property.  [7574.]  No  school  property  of 
any  kind  shall  be  sold  or  conveyed  by  the  board  of  education, 
except  at  a  regular  meeting  of  the  same,  and  not  then  with- 
out an  affirmative  recorded  vote  of  at  least  two-thirds  of  all 
the  members  of  said  board.  (Laws  1876,  ch.  122,  art.  10, 
sec.  18.) 

SEC.  122.  Meetings  of  the  Board.  [7575.]  The  regular 
meetings  of  the  board  of  education  shall  be  upon  the  first 
Monday  in  each  month,  but  special  meetings  may  be  held  from 


50  CITIES   OF  FIRST   CLASS.  [CH.  5 

time  to  time,  as  circumstances  may  demand.     (Laws  1876,  ch. 
122,  art.  10,  sec.  19.) 

SEC.  123.  Annual  Report.  [7576.]  The  board  of  education 
at  the  close  of  each  school  year,  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  pros- 
perity, and  condition,  financial  as  well  as  educational,  of  all 
the  schools  under  their  charge;  and  said  report,  or  such  por- 
tion of  it  as  the  board  of  education  shall  consider  of  ad- 
vantage to  the  public,  shall  be  printed  either  in  a  public 
newspaper  or  in  pamphlet  form.  (Laws  1876,  ch.  122,  art. 
10,  sec.  20.) 

SEC.  124.  Expenditures.  [7577.]  No  expenditure  involv- 
ing an  amount  greater  than  $200  shall  be  voted,  except  in 
accordance  with  the  provisions  of  a  written  contract.  (Laws 
1876,  ch.  122,  art.  10,  sec.  21.) 

SEC.  125.  Sectarian  Doctrine.  [7578.]  No  sectarian  or  re- 
ligious doctrine  shall  be  taught  or  inculcated  in  any  of  the 
public  schools  of  the  city;  but  nothing  in  this  section  shall 
be  construed  to  prohibit  the  reading  of  the  Holy  Scriptures. 
(Laws  1876,  ch.  122,  art.  10,  sec.  22.) 

SEC.  126.  Exemptions.  [7579.]  All  property  held  by  the 
board  of  education  for  the  use  of  public  schools  shall  be  ex- 
empt from  taxation,  and  shall  not  be  taken  in  any  manner 
for  any  debt  due  from  the  city.  (Laws  1876,  ch.  122,  art.  10, 
sec.  23.) 

SEC.  127.  Bonds.  [7557.]  Whenever  it  shall  be  necessary 
to  raise  funds  to  purchase  a  school  site. or  sites,  to  furnish,  to 
repair,  to  make  additions,  or  to  build  a  school  building,  it  shall 
be  the  duty  of  the  board  to  prepare  an  estimate  of  the  costs  of 
such  site  or  sites,  repairs,  additions,  or  buildings,  together  with 
the  cost  of  furnishing  the  same,  with  estimates,  shall  be  spread 
upon  the  records  of  the  board,  when  adopted  by  a  recorded  yea- 
and-nay  vote  of  two-thirds  of  all  the  members  of  the  board  at  a 
regular  meeting;  and  in  every  case  the  board  shall  complete 
said  repairs,  additions,  or  buildings,  together  with  the  furnish- 
ing of  the  same  and  the  purchase  of  such  site  or  sites,  within 
the  estimated  costs  thereof;  and  in  no  case  shall  any  board 
create  a  deficiency  or  outstanding  obligations  in  the  purchase 
of  such  site  or  sites,  the  making  of  such  repairs,  or  the  erection 
of  additions  or  buildings.  And  every  member  of  a  school  board 
who  shall  be  a  party  to  creating  a  deficiency  or  outstanding 
obligations  within  the  meaning  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  punished 
by  removal  from  office  and  a  fine  of  not  less  than  $100,  and 
shall  be  personally  liable  for  damages  in  any  action,  which  it 
shall  be  the  duty  of  the  city  attorney  of  such  city  of  the  first 
class  to  prosecute,  brought  in  the  name  of  such  school  district, 
for  the  amount  of  such  deficiency  or  outstanding  obligations, 


CH.  5]  CITIES   OF  FIRST  CLASS.  51 

which  money  when  so  collected  shall  be  used  to  liquidate  such 
deficiency  or  outstanding  obligations;  provided,  that  any  va- 
cancy created  in  any  school  board  under  the  operation  of  this 
section  shall  be  filled  as  provided  in  section  2  of  this  act.f<3 
(Laws  1891,  ch.  196,  sec.  3.) 

SEC.  128.  Election;  Limitation.  [Laws  1911,  ch.  259,  sec.  1.] 
That  section  7558  of  the  General  Statutes  of  the  state  of  Kan- 
sas of  1909  is  hereby  amended  to  read  as  follows :  Sec.  7558. 
It  shall  be  the  duty  of  the  mayor  of  such  city  of  the  first  class, 
within  thirty  days  after  receiving  a  certified  copy  of  the  action 
of  the  board  of  education  showing  a  necessity  and  giving  a 
statement  of  the  estimated  cost  of  such  school  sites,  repairs, 
additions,  building  or  buildings,  signed  by  the  clerk  and  coun- 
tersigned by  the  president  of  the  board,  to  issue  a  proclamation 
for  holding  an  election  to  vote  bonds  to  the  amount  prayed  for 
by  the  board ;  and  no  bonds  shall  be  issued  unless  a  majority  of 
the  qualified  electors  of  the  city  school  district  voting  at  such 
election  shall  vote  therefor ;  nor  shall  the  entire  amount  of  such 
school  bonds  issued  exceed  in  the  aggregate,  including  existing 
indebtedness,  in  cities  having  a  population  of  20,000  and  over, 
one  per  cent  of  the  valuation  of  taxable  property  of  such  city 
as  ascertained  by  the  last  assessment  for  state  and  county  pur- 
poses previous  to  incurring  the  proposed  indebtedness;  in 
cities  having  a  population  of  20,000  and  under  whose  assessed 
valuation  does  not  exceed  $11,000,000,  two  per  cent  of  the  value 
of  the  taxable  property  of  such  city  as  ascertained  by  the  last 
assessment  for  state  and  county  purposes  previous  to  incurring 
the  proposed  indebtedness.  Any  member  of  a  board  of  educa- 
tion, or  officer  thereof,  who  shall  vote  for,  counsel,  consent  to  or 
in  any  wise  assist  in  the  issue  of  any  bond  or  bonds  in  excess 
of  the  percentum  herein  authorized  shall  be  liable  jointly  and 
severally  to  the  holder  of  any  such  bonds  for  the  amount  due 
thereon,  to  be  recovered  in  a  civil  action  in  any  court  of  com- 
petent jurisdiction;  and  judgment  rendered  thereon  may  be 
collected  and  enforced  in  the  same  manner  as  other  judgments 
are  collected  and  enforced ;  provided,  that  in  cities  of  the  first 
class  having  more  than  70,000  population  school  bonds  may  be 
issued  to  the  extent  of  not  more  than  one  and  five-tenths  per 
cent  of  such  value  of  taxable  property. 

SEC.  129.  Date,  Rate,  Time,  and  Attest.  [7559.]  The  bonds, 
the  issuance  of  which  is  provided  for  in  this  act,  may,  at  the 
option  of  the  board,  be  instalment  bonds.  All  bonds  shall  be 
dated  on  the  day  they  are  issued,  shall  bear  interest  at  a  rate 
not  exceeding  six  per  centum  per  annum,  payable  semiannu- 
ally  on  January  and  July  1,  and  shall  be  payable  in  not  more 
than  thirty  years.  They  shall  be  signed  by  the  president  and 
secretary,  attested  with  the  seal  of  the  board.  The  coupons,  if 
any  be  attached,  shall  be  signed  by  the  president  of  the  board, 

33.    Laws  1891,  ch.   196,  sec.  2. 


52  CITIES   OF  FIRST  CLASS.    -  [CH.  5 

and  each  bond  so  issued  shall  not  be  for  a  sum  less  than  fifty 
dollars.  (Laws  1891,  ch.  196,  sec.  5.) 

SEC.  130.  Levy  for  Interest  and  Sinking-fund.  [7560.]  The 
board  of  education  in  its  annual  estimate,  as  provided  for  in 
section  2  of  this  act,34  shall  include  an  amount  sufficient  to 
pay  the  interest  as  it  accrues  on  all  outstanding  bonds  issued 
by  the  board,  and  also  to  create  a  sinking-fund  for  the  re- 
demption of  said  bonds,  and  shall  levy  and  cause  the  same  to 
be  collected  as  provided  for  in  said  section,  in  addition  to  the 
levy  authorized  by  said  section  for  school  purposes;  and  such 
money  shall  remain  a  specific  fund  for  said  purposes  only,  and 
shall  not  be  appropriated  to  any  other  purpose.  (Laws  1891, 
ch.  196,  sec.  6.) 

SEC.  131.  Use  of  Sinking-fund.  [7580.]  The  moneys  levied 
and  collected  for  creating  a  sinking-fund  for  the  redemption 
of  the  principal  of  the  bonds  issued  by  the  board  of  education 
shall  be  used  and  employed  or  invested  as  follows:  (1)  After 
retaining  an  amount  sufficient  to  pay  the  principal  of  any 
bonds  maturing  during  the  year,  the  board  shall,  with  the 
surplus  of  such  sinking-fund,  when  the  same  shall  be  $1000 
or  more,  purchase  any  of  the  outstanding  bonds  issued  by  the 
board.  Such  purchase  shall  be  made  at  the  lowest  price 
such  bonds  can  be  purchased  at,  but  at  not  more  than  par 
value  of  such  bonds;  and  whenever  there  shall  be  a  surplus 
of  such  sinking-fund  amounting  to  the  sum  of  $1000,  the 
board  shall  purchase  therewith  like  bonds,  on  the  same  terms 
and  conditions  hereinbefore  specified.  (2)  If  for  any  reason 
such  bonds  can  not  be  purchased  as  hereinbefore  specified, 
such  sinking-fund  shall  be  invested  by  the  treasurer,  under 
the  direction  of  the  board  of  education,  at  such  times  as  the 
board  shall  direct,  in  the  interest-bearing  bonds  of  the  United 
States  or  the  state  of  Kansas,  which  shall  be  purchased  at  the 
lowest  market  price.  Interest  accruing  upon  such  bonds  shall 
be  invested  in  the  same  manner  and  for  the  same  purpose  as 
sinking-fund.  Such  bonds  shall  be  held  by  the  treasurer  until 
the  principal  of  the  bonds  issued  by  the  board  of  education 
shall  become  due,  and  shall  then  be  sold  at  the  highest  market 
price,  and  the  proceeds  applied  to  the  payment  of  the  bonds ; 
provided,  that  if  at  any  time  the  board  shall  deem  it  best,  it 
shall  be  lawful  for  such  board  to  sell  such  bonds  for  the  pur- 
pose of  purchasing  the  bonds  issued  by  such  board;  but  all 
such  sales  shall  be  at  the  highest  market  price,  and  the  bonds 
of  the  board  purchased  with  the  proceeds  of  such  sale  shall  be 
purchased  at  the  lowest  price  they  can  be  obtained  for,  and  not 
above  the  par  value  of  such  bonds ;  provided,  that  no  bond  is- 
sued by  the  board  of  education  shall  be  purchased  by  said 
board  that  has  not  been  outstanding  five  years ;  and  provided 
further,  that  the  bonds  first  maturing  shall  be  first  purchased, 

34.    Section  116  of  Jhis  book. 


CH.  5]  CITIES   OF   FIRST   CLASS.  53 

if  they  can  be  purchased  on  terms  as  favorable  to  the  board 
as  any  others  offered  for  sale  to  the  said  board.  All  bonds  of 
the  said  board  purchased  under  the  authority  hereby  given,  or 
paid  by  the  board,  shall  be  forthwith  canceled  and  destroyed, 
and  the  clerk  shall  enter  on  the  bond  register  of  the  said  board, 
on  the  margin  of  the  record  of  said  bonds,  the  date  when  the 
same  were  purchased  and  the  price  paid;  and  thereafter  no 
interest  or  sinking-fund  shall  be  levied  or  collected  for  or  on 
account  of  said  bonds  so  canceled.  Such  sinking-fund  shall 
never  be  used  nor  appropriated  in  any  other  manner  whatever. 
(Laws  1876,  ch.  122,  art.  10,  sec.  27.) 

SEC.  132.  Interest.  [7581.]  Whenever  the  interest  of  the 
above-mentioned  bonds  shall  become  due,  the  same  shall  be 
paid  by  the  treasurer.  (Laws  1876,  ch.  122,  art.  10,  sec.  28.) 

SEC.  133.  Security.  [7582.]  The  credit  of  the  school  fund 
of  the  city  is  hereby  pledged  to  the  payment  of  the  interest 
and  principal  of  the  bonds  mentioned  in  this  article,  as  the 
game  may  become  due.  (Laws  1876,  ch.  122,  art.  10,  sec.  29.) 

SEC.  134.  Bond  Registry.  [7583.]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register,  in  a  book  pro- 
vided for  that  purpose,  the  bonds  issued  under  this  act,  which 
said  registry  shall  show  the  number,  date  and  amount,  and  to 
whom  is  made  payable,  each  of  said  bonds.  (Laws  1876,  ch. 
122,  art.  10,  sec.  30.) 

SEC.  135.  Refunding  of  Outstanding  Bonded  Debt.  [7586.] 
The  board  of  education  of  any  city  of  the  first  class  is  hereby 
authorized  and  empowered  to  refund  any  and  all  outstanding 
bonds  heretofore  issued  by  order  of  said  board  by  issuing  new 
bonds  to  the  holders  of  such  outstanding  bonds ;  provided,  that 
such  new  bonds  shall  not  be  for  greater  amount  than  the  par 
yalue  of  the  bonds  refunded.  Such  refunding  bonds  shall 
severally  be  of  such  amount  as  said  board  shall  direct,  and 
shall  state  for  what  purpose  issued,  and  be  payable  to  the  per- 
son to  whom  issued  or  bearer  within  twenty  years  after  date, 
and  shall  bear  interest  at  the  rate  not  exceeding  five  per  cent 
per  annum,  payable  semiannually,  on  January  1  and  July  1,  as 
evidenced  by  coupons  attached.  All  bonds  refunded  under  the 
provisions  of  this  act  shall  be  noted  as  surrendered  and  can- 
celed on  the  registry  of  the  said  board  and  the  same  shall  be 
destroyed  in  the  presence  of  said  board.  (Laws  1903,  ch.  70, 
sec.  1.) 

SEC.  136.  Bonds  Registered.  [7587.]  The  bonds  hereby 
authorized  shall  be  numbered,  and  shall  be  registered  in  the 
book  kept  by  said  board  for  the  registry  of  its  bonds ;  and  said 
bonds  shall  be  signed  by  the  president  and  clerk  of  said  board, 
attested  with  the  seal  of  said  board  by  the  clerk,  and  counter- 
signed by  the  treasurer  of  said  city.  (Laws  1879,  ch.  81, 
sec.  4.) 


54  CITIES   OF  FIRST  CLASS.  [CH.  5 

SEC.  137.  Levy  of  Bond  Tax.  [7588.]  The  board  of  edu- 
cation, and  any  and  all  boards,  body,  or  officers,  by  law  au- 
thorized to  levy  and  collect  taxes  in  and  for  said  city  for  the 
support  of  schools  therein,  shall,  at  the  same  time  and  in  the 
same  manner  as  the  other  taxes  for  school  purposes  are  levied 
and  collected,  and  in  each  and  every  year  until  said  bonds  and 
interest  are  fully  paid,  as  hereinbefore  provided,  levy  or  cause 
to  be  levied  upon  all  the  property  within  the  said  city  subject 
to  taxation  for  school  purposes  a  tax  or  taxes  sufficient  in 
amount  to  pay  and  discharge  two  of  the  coupons  of  each  of  the 
bonds  issued  under  the  provisions  of  this  act,  and  then  out- 
standing, and  cause  the  same  to  be  collected  in  the  same  man- 
ner as  other  school  taxes  are  collected,  and  with  the  money  so 
collected  pay  and  discharge  the  coupons  for  which  said  tax  or 
taxes  were  levied.  And  it  shall  be  the  duty  of  the  clerk  of  the 
said  board  to  forthwith,  on  the  payment  of  any  such  coupons, 
note  their  payment  upon  the  registry  of  said  bonds,  and  pre- 
sent the  same  to  the  board,  and  in  their  presence  cancel  the 
same  in  such  manner  as  the  board  shall  direct;  and  said 
coupons  shall  be  carefully  preserved  until  the  final  payment 
of  said  bonds,  and  then  destroyed ;  and  the  possession  of  such 
coupons  by  the  board  shall  be  conclusive  evidence  of  their 
payment.  And  the  said  board  shall  issue  no  bonds  thereafter, 
except  the  refunding  bonds  provided  for  by  this  act.  (Laws 
1879,  ch.  81,  sec.  5.) 

SEC.  138.  Penalty.  [7589.]  If  said  board  of  education,  or 
other  board,  body,  or  officer,  whose  duty  it  shall  be  to  levy 
taxes  for  the  payment  of  the  coupons  of  the  said  bonds,  as 
herein  provided,  shall  neglect  or  refuse  to  levy  the  tax  or  taxes 
for  the  payment  of  the  coupons  as  by  this  act  required,  each 
member  of  such  board  or  body,  and  each  officer,  who  shall  vote 
against  'or  otherwise  oppose  the  levy  and  collection  of  such  tax 
or  taxes,  or  shall  do  any  act  to  prevent  or  delay  such  levy  and 
collection,  shall  be  liable,  jointly  and  severally,  to  each  and 
every  holder  of  such  bonds,  or  coupons  of  said  bonds,  which 
would  have  been  payable  from  such  taxes  if  the  same  had 
been  levied,  for  the  whole  amount  unpaid  on  such  coupons; 
and  the  same  may  be  recovered  in  a  civil  action  in  any  court 
of  competent  jurisdiction,  and  judgment  rendered  thereon 
may  be  collected  and  enforced  in  the  same  manner  as  other 
judgments  are  collected  and  enforced;  and  any  such  officer  so 
neglecting  or  refusing  to  levy  such  tax  shall  also  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  in  an  amount  equal  to  the  amount  which  it  may  be  shown 
should  have  been  so  levied  during  such  year,  or  imprisoned  in 
the  county  jail  for  a  term  not  less  than  three  nor  more  than 
twelve  months.  (Laws  1879,  ch.  81,  sec.  6.) 

SEC.  139.  Use  of  Money  Levied  and  Collected  under  this 
Act.  [7590.]  Moneys  levied  and  collected  and  received  under 
and  pursuant  to  this  act  shall  not  be  used  or  employed  for  any 


CH.  5] 


CITIES    OF   SECOND   CLASS. 


55 


other  purpose  than  the  payment  of  coupons  of  the  bonds  by 
this  act  authorized ;  and  any  member  of  said  board,  or  officer, 
who  shall  cause  such  money  so  collected  to  be  used  for  any 
other  purpose,  temporary  or  otherwise,  whatever,  or  counsel 
or  consent  to  the  same  being  so  used,  shall  be  liable  jointly 
and  severally  to  the  holder  of  any  such  bonds  or  coupons  for 
any  coupons  due,  to  be  recovered  and  collected  as  in  section  6 
hereof  specified.35  (Laws  1879,  ch.  81,  sec.  7.) 

SEC.  140.  Elections  under  Commission  System.  [877.]  In 
all  elections  held  for  the  election  of  city  or  school  officers,  or 
for  the  purpose  of  authorizing  the  issuance  of  any  bonds  for 
school  purposes,  or  other  public  improvements,  or  in  the  adop- 
tion or  rejection  of  this  act,  and  in  all  elections  held  under  this 
act,  the  right  of  any  citizen  to  vote  shall  not  be  denied  or 
abridged  on  account  of  sex,  and  women  may  vote  at  such 
elections  the  same  as  men  and  under  like  restrictions  and 
qualifications,  and  any  woman  possessing  the  qualifications  of 
a  voter  under  this  act  shall  also  be  eligible  to  any  such  city  or 
school  office.  (Laws  1909,  ch.  74,  sec.  1.) 


ARTICLE  IV. — CITIES  OF  THE  SECOND  CLASS. 


§141. 
142. 


143. 


144. 
145. 

146. 
147. 
148. 

149. 
150. 
151. 
152. 
153. 
154. 
155. 

156. 

157. 
158. 
159. 
160. 
161. 


Cities  of  the  second  class  defined. 

City  schools  free;  who  may  be  ex- 
cluded. 

Adjacent  territory  may  be  attached 
to  city  for  school  purposes;  taxa- 
tion in  such  cases;  members  of 
board. 

Third  class  changed  to  second  class. 

County  superintendent  may  detach 
territory. 

Organization. 

Body  corporate. 

Cities  of  the  second  class  to  convey 
property  to  board. 

Conveyance,   how  executed. 

Powers  of  the  board. 

Duty  of  the  president. 

Duty  of  the  vice  president. 

Clerk  shall  give  bond. 

Duty  of  the  treasurer. 

Annual  school  tax  not  to  exceed 
fifteen  mills. 

Limitation  of  levy;   indebtedness. 

Limitation  of  levy   in   certain   cities. 

Oaths  and  bonds  of  officers,  etc. 

Taxable  property. 

Meetings  of  board. 

Annual  report. 


§162.     Restrictions    regarding    expenditures 
and  contracts. 

163.  No     sectarian     doctrines     shall      be 

taught  in  city  schools. 

164.  How    bond    election    shall    be    con- 

ducted. 

165.  Execution     of     bonds;      signed     by 

whom;   specifications;   amount. 

166.  Annual   levy   for    interest    and   sin\ 

ing-fund. 

167.  Bonds. 

168.  Investment  of  sinking-fund. 

169.  Paid  coupons,  how  endorsed. 

170.  Payment   of   principal    and    interest. 

how  secured. 

171.  Bonds    issued    by    the    board    to    »e 

registered  by  the  clerk. 

172.  Levy  for  buildings. 

173.  Payment  by  warrants  or  bonds. 

174.  Expenditure    for     additional    school 

grounds. 

175.  Bonds    issued    to    pay    outstanding 

warrants. 

176.  Denominations;       payment;       signa- 

tures. 

177.  Sale  of  bonds. 

178.  Tax    for    interest    and    sinking-fund. 

179.  Treasurer  of  the  board  of  education. 

180.  Validity  of  official  acts. 


SECTION  141.  Defined.  [7592.]  All  cities  now  organized 
and  acting  as  cities  of  the  second  class,  by  virtue  of  the 
authority  of  former  acts,  and  all  cities  hereafter  attaining  a 
population  over  2000  and  not  exceeding  15,000  inhabitants, 
shall  be  governed  by  the  provisions  of  this  act ;  and  whenever 
any  city  shall  have  hereafter  attained  a  population  exceeding 
2000  inhabitants,  and  such  fact  shall  have  been  duly  ascer- 
tained and  certified  by  the  proper  authorities  of  such  city  to 
the  governor,  he  shall  declare,  by  public  proclamation,  such 


35.    Section  138  of  this  book. 


56  CITIES   OF  SECOND  CLASS.  [CH.  5 

city  subject  to  the  provisions  of  this  act.  The  mayor  and 
council  of  such  city  shall,  at  the  time  of  making  the  certificate 
herein  provided  for,  make  out  and  transmit  to  the  governor 
an  accurate  description  by  metes  and  bounds  of  all  the  lands 
included  within  the  limits  of  such  city,  and  the  additions 
thereto,  if  any.  (Laws  1876,  ch.  122,  art.  11,  sec.  1.) 

SEC.  142.  Free  Schools.  [7593.]  In  each  city  governed  by 
this  act  there  shall  be  established  and  maintained  a  system  of 
free  common  schools,  which  shall  be  kept  open  not  less  than 
three  nor  more  than  ten  months  in  any  one  year,  and  shall  be 
free  to  all  children  residing  in  such  city  between  the  ages  of 
five  and  twenty-one  years.  But  the  board  of  education  may, 
where  school-room  accommodations  are  insufficient,  exclude 
for  the  time  being  children  between  the  ages  of  five  and  seven 
years.  (Laws  1876,  ch.  122,  art.  11,  sec.  2.) 

SEC.  143.  Adjacent  Territory.  [7594.]  Territory  outside 
the  city  limits,  but  adjacent  thereto,  may  be  attached  to  such 
city  for  school  purposes,  upon  application  to  the  board  of 
education  of  such  city  by  a  majority  of  the  electors  of  such 
adjacent  territory,  and  upon  the  application  being  made  to  the 
board  of  education  they  shall,  if  they  deem  it  proper,  and  to 
the  best  interests  of  the  schools  of  said  city  and  territory 
seeking  to  be  attached,  issue  an  order  attaching  such  territory 
to  such  city  for  school  purposes,  and  to  enter  the  same  upon 
their  journal;35  and  such  territory  shall  from  the  date  of  such 
order  be  and  compose  a  part  of  such  city  for  school  purposes 
only,  and  the  taxable  property  of  such  adjacent  territory  shall 
be  subject  to  taxation,  and  shall  bear  its  full  proportion  of  all 
expenses  incurred  in  the  erection  of  school  buildings  and  in 
maintaining  the  schools  of  the  city.  Whenever  the  territory 
so  attached  shall  have  attained  a  population  equal  to  one-half 
that  of  any  ward  of  such  city,  or  whenever  the  taxable  prop- 
erty of  such  attached  territory  shall  be  equal  to  one-half  that 
of  any  one  ward  of  such  city,  such  attached  territory  shall  be 
entitled  to  elect  two  members  of  the  board  of  education,  which 
said  members  shall  be  elected  at  the  same  time  and  in  the 
same  manner  as  other  members  of  such  board.  The  mayor 
and  council  and  city  clerk  of  such  city  shall  provide  for  elec- 
tions in  said  detached  territory,  and  shall  canvass  the  returns 
thereof  in  the  same  way  as  is  required  by  law  in  respect  to  a 
ward  of  such  city ;  provided,  that  the  board  of  education  shall 
pay  all  the  expenses  of  such  election.  But  until  such  attached 
territory  shall  be  declared  to  have  attained  a  population  or 
taxable  property  equal  to  one-half  that  of  any  one  ward  of 
such  city,  such  territory  shall  be  attached  to  the  several  wards 
of  such  city  contiguous  thereto  as  shall  be  determined  by  the 
board  of  education  of  any  such  city,  and  when  so  attached 

35.  School  districts  may  be  annexed  to  cities  of  the  second  class  in 
accordance  with  this  section.  See  also  section  282  of  this  book. 


CH.  5]  CITIES   OF   SECOND   CLASS.  57 

shall  remain  parts  of  such  city  for  school  purposes  only.  Any 
persons  residing  upon  such  attached  territory,  possessing  the 
qualifications  of  electors,  as  provided  in  section  5585  of  the 
General  Statutes  of  1889,  shall  be  qualified  to  vote  at  any  elec- 
tion held  in  any  such  city  for  school  purposes  only,  in  any  such 
ward  of  such  city  to  which  such  territory  shall  be  attached,  and 
official  ballots  shall  be  printed  for  such  attached  territory  to 
such  wards  as  in  other  cases.  (Laws  1903,  ch.  234,  sec.  1.) 

SEC.  144.  Attachment  for  School  Purposes;  Taxation;  Rep- 
resentation. [7628.]  That  whenever  any  city  of  the  third 
class  shall  become  a  city  of  the  second  class,  the  territory  of 
the  school  district  wherein  such  city  is  situated  shall  be  and 
remain  attached  to  such  city  for  school  purposes,  unless  de- 
tached by  the  county  superintendent  of  public  instruction,  as 
provided  in  section  12  of  chapter  152  of  the  Laws  of  1881. 
All  the  property  in  such  territory  shall  be  subject  to  like  tax- 
ation for  school  purposes  as  the  property  in  said  city.  When- 
ever the  population  or  taxable  property  of  such  territory  out- 
side of  the  limits  of  such  city  shall  equal  the  population  or 
taxable  property  of  any  ward  of  such  city,  such  territory  shall 
be  entitled  to  elect  two  members  of  the  board  of  education  of 
such  city,  which  said  members  shall  be  elected  at  the  same 
time  and  in  like  manner  as  other  members  of  such  board. 
(Laws  1887,  ch.  218,  sec.  1.) 

SEC.  145.  County  Superintendents  May  Detach  Territory. 
[7430.]  That  the  county  superintendents  of  public  instruc- 
tion of  the  several  counties  of  the  state  of  Kansas  are  hereby 
authorized  and  empowered  to  detach  territory  from  the  school 
territory  of  cities  of  the  second  class,  if  said  territory  sought 
to  be  detached  is  outside  the  corporate  limits  of  said  city  of 
the  second  class,  notwithstanding  the  fact  that  said  territory 
forming  said  school  district  may  have  been  formed  into  a 
school  district  while  said  city  of  the  second  class  was  a  city  of 
the  third  class ;  provided,  the  interests  of  the  public  schools  of 
the  county  may  warrant  such  action;  provided,  that  no  terri- 
tory shall  be  detached  unless  a  majority  of  the  citizens  living 
in  such  territory  shall  consent  in  writing  to  the  same.  (Laws 
of  1891,  ch.  88,  sec.  1.) 

SEC.  146.  Organization.  [Laws  1913,  ch.  269,  sec.  1.]  That 
section  1,  chapter  269,  of  the  Session  Laws  of  1911  be  and  the 
same  is  hereby  amended  to  read  as  follows :  Sec.  1.  That  the 
board  of  education  in  cities  of  the  second  class,  at  the  regular 
meeting  at  the  time  provided  by  law  in  each  year,  shall  organ- 
ize by  the  election  of  a  president  and  vice  president  from  its 
members,  each  of  whom  shall  serve  for  one  year,  and  until  his 
successor  is  elected  and  qualified;  and  the  board  shall  elect  a 
clerk  for  a  term  of  one  year,  who  may  or  may  not  be  a  mem- 
ber of  said  board,  and  shall  receive  for  his  services  such  com- 
pensation as  the  board  may  allow. 


58  CITIES   OF   SECOND   CLASS.  [CH.  5 

SEC.  147.  Body  Corporate.  [7595.]  The  public  schools  of 
each  city  organized  in  pursuance  of  this  act  shall  be  a  body 
corporate,  and  shall  possess  the  usual  powers  of  a  corporation 
for  public  purposes,  by  the  name  and  style  of  "The  board  of 

education  of  the  city  of ,  of  the  state  of  Kansas" ;  and  in 

that  name  may  sue  or  be  sued,  and  be  capable  of  contracting 
and  being  contracted  with,  of  holding  and  conveying  such  real 
and  personal  estate  as  it  may  come  into  possession  of,  by  will 
or  otherwise,  or  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  this  act.  (Laws  1876,  ch.  122,  art.  11,  sec.  4.) 

SEC.  148.  Conveyance  of  Property.  [7596.]  Any  city  of 
the  second  class  is  hereby  authorized  and  required,  upon  the 
request  of  the  board  of  education  of  such  city,  to  convey  to 
said  board  of  education  all  property  within  the  limits  of  any 
such  city  heretofore  purchased  by  any  such  city  for  school 
purposes,  and  now  held  and  used  for  such  purposes,  the  title 
to  which  is  vested  in  any  such  city.  (Laws  1876,  ch.  122, 
art.  11,  sec.  5.) 

SEC.  149.  How  Executed.  [7597.]  All  conveyances  for  the 
property  mentioned  in  the  preceding  section  [148]  shall  be 
signed  by  the  mayor  and  attested  by  the  clerk  of  said  city,  and 
shall  have  the  seal  of  the  city  affixed  thereto,  and  be  acknowl- 
edged by  the  mayor  of  such  city  in  the  same  manner  as  other 
conveyances  of  real  estate.  (Laws  1876,  ch.  122,  art.  11,  sec.  6.) 

SEC.  150.  Powers.  [7600.]  The  board  of  education  shall 
have  power  to  elect  their  own  officers,  except  the  treasurer; 
to  make  their  own  rules  and  regulations,  subject  to  the  pro- 
visions of  this  article;  to  organize  and  maintain  a  system  of 
graded  schools;  to  establish  a  high  school  whenever  in  their 
opinion  the  educational  interests  of  the  city  demand;36  and 
to  exercise  the  sole  control  over  the  schools  and  school  prop- 
erty of  the  city;37  and  maintain  such  high  school,  in  whole 
or  in  part,  by  demanding,  collecting  and  receiving  a  tuition 
fee  for  and  from  each  and  every  scholar  or  pupil  attending 
such  high  school.38  (Laws  1889,  ch.  224,  sec.  1) 

NOTE. — See  sections  92  to  98  for  the  election  and  organization  of  boards 
of  education  in  cities  of  the  second  class. 

SEC.  151.  President.  [7602.]  It  shall  be  the  duty  of  the 
president  to  preside  at  all  the  meetings  of  the  board  of  edu- 
cation, to  appoint  all  committees  whose  appointment  is  not 
otherwise  provided  for,  and  to  sign  all  warrants  ordered  by 

36.  For  provisions  for  manual  training  in   schools  in  cities  of  the 
second  class  see  section  431  of  this  book. 

37.  See  sections  101  and  280  of  this  book  for  power  to  condemn  school- 
house  sites. 

38.  It  is  unconstitutional  to  collect  tuition  from  pupils  of  the  school 
district  as  provided  in  section  150.  (See  Board  of  Education  v.  Dick,  70 
Kan.  434.) 


CH.  5]  CITIES   OF   SECOND   CLASS.  59 

the  board  of  education  to  be  drawn  upon  the  treasurer  for 
school  moneys.  (Laws  1876,  ch.  122,  art.  11,  sec.  11.) 

SEC.  152.  Vice  President.  [7603.]  It  shall  be  the  duty  of  the 
vice  president  to  perform  all  the  duties  of  the  president  in  case 
of  his  absence  or  disability.  (Laws  1876,  ch.  122,  art.  11, 
sec.  12.) 

SEC.  153.  Bond  of  Clerk.  [7605.]  Before  entering  upon 
the  discharge  of  his  duties,  the  clerk  of  the  board  of  educa- 
tion shall  give  bond  in  the  sum  of  $1000,  with  good  and  suf- 
ficient sureties,  to  be  approved  by  the  board,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office.  (Laws 
1876,  ch.  122,  art.  11,  sec.  14.) 

SEC.  154.  Treasurer.  [7606.]  The  treasurer  shall  prepare 
and  submit  in  writing  a  monthly  report  of  the  state  of  the 
finances  of  the  district;  and  shall,  when  required,  produce  at 
any  meeting  of  the  board,  or  any  committee  appointed  for  the 
purpose  of  examining  his  accounts,  all  books  and  papers  per- 
taining to  his  office ;  he  shall  pay  moneys  only  upon  a  warrant 
signed  by  the  president,  or  in  his  absence  by  the  vice  president, 
and  countersigned  by  the  clerk;  and  shall  execute  a  bond  in 
such  sum  as  the  board  may  require,  with  sufficient  sureties,  to 
be  approved  by  the  board,  conditioned  for  the  faithful  dis- 
charge of  his  duties  of  treasurer  to  such  board.  (Laws  1876, 
ch.  122,  art.  11,  sec.  15.) 

SEC.  155.  Annual  School  Tax.  [7608.]  That  the  board  of 
education  in  cities  of  the  second  class  shall,  on  or  before  the 
15th  day  of  July  of  each  year,  levy  a  tax  for  the  support  of 
the  schools  of  the  city  for  the  fiscal  year  next  ensuing,  not  ex- 
ceeding in  any  one  year  twenty  mills39  on  the  dollar  on  all 
personal,  mixed  and  real  property  within  the  district  which  is 
taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  clerk  of  the  board  shall  on  or  before  August  1  certify 
to  the  county  clerk,  who  is  hereby  authorized  and  required  to 
place  the  same  on  the  tax-roll  of  said  county,  to  be  collected  by 
the  treasurer  of  the  county  as  are  other  taxes,  and  paid  over  by 
him  to  the  treasurer  of  the  board  of  education,  of  whom  he 
shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in 
his  office  and  the  other  he  shall  forthwith  transmit  to  the  clerk 
of  the  board  of  education.  (Laws  1905,  ch.  399,  sec.  1.) 

SEC.  156.  Limitation  of  Levy;  Indebtedness.  [Laws  1913, 
ch.  326,  sec.  1.]  That  section  23  of  chapter  245,  Laws  of  1909, 
being  section  9416  of  the  General  Statutes  of  1909,  is  hereby 
amended  so  as  to  read  as  follows:  Sec.  23.  The  authority 
of  boards  of  education  in  cities  of  the  second  class  to  levy 
taxes,  as  provided  in  chapter  399,  Laws  of  1905,  is  hereby 
limited  so  that  the  board  of  education  of  any  such  city  shall 

39.  Limited  to  six  mills  by  Laws  1913,  ch.  326,  sec.  1  (section  156  of 
this  book).  (See,  also,  section  157  of  this  book.) 


60  CITIES   OF   SECOND   CLASS.  [CH.  5 

not  fix  a  rate  of  levy  for  the  support  of  the  schools  of  the  city 
in  excess  of  six  mills;  provided,  that  in  cities  of  the  second 
class  in  which  the  schools  have  a  floating  indebtedness  of  ten 
thousand  dollars  or  more,  the  board  of  education  may  in  addi- 
tion to  said  levy  for  the  support  of  said  schools  levy  not  in 
excess  of  six  mills  for  the  payment  of  said  indebtedness,  until 
said  indebtedness  is  paid. 

SEC.  157.  Limitation  of  Levy  in  Certain  Cities.  [Laws  1911, 
ch.  265,  sec.  1.]  The  authority  of  boards  of  education  in  cities 
of  the  second  class  having  an  assessed  valuation  of  less  than 
one  million  dollars  to  levy  taxes  as  provided  in  section  7608  of 
the  General  Statutes  of  1909  is  hereby  limited  so  that  the  board 
of  education  of  any  such  city  shall  not  fix  a  rate  of  levy  for  the 
support  of  the  schools  of  the  city  in  excess  of  nine  mills. 

SEC.  158.  Oath  of  Office.  [7622.]  Each  member  of  the 
board  of  education  and  officer  provided  for  in  this  article  shall 
take  and  subscribe  an  oath  or  affirmation  to  support  the  con- 
stitution of  the  United  States,  the  constitution  of  the  state  of 
Kansas,  and  faithfully  perform  the  duties  of  his  office.  The 
oath  and  bond  of  the  clerk  shall  be  filed  with  treasurer.  All 
other  oaths  and  bonds  shall  be  filed  with  the  clerk.  (Laws 
1876,  ch.  122,  art.  11,  sec.  32.) 

SEC.  159.  Taxable  Property.  [7609.]  The  taxable  property 
of  the  whole  city,  including  the  territory  attached  for  school 
purposes,  shall  be  subject  to  taxation.  All  taxes  collected  for 
the  benefit  of  the  schools  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of 
the  board  of  education.  (Laws  1876,  ch.  122,  art.  11,  sec.  19.) 

SEC.  160.  Meetings  of  Board.  [7610.]  The  regular  meet- 
ings of  the  board  of  education  shall  be  upon  the  first  Monday 
of  each  month,  but  special  meetings  may  be  held  from  time  to 
time,  as  circumstances  may  demand.  (Laws  1876,  ch.  122, 
art.  11,  sec.  20.) 

SEC.  161.  Annual  Report.  [7611.]  The  board  of  education, 
at  the  close  of  each  school  year  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  prosper- 
ity, and  condition,  financial  as  well  as  educational,  of  all  the 
schools  under  their  charge ;  and  said  report,  or  such  portion  of 
it  as  the  board  of  education  shall  consider  of  advantage  to  the 
public,  shall  be  printed  either  in  a  public  newspaper  or  in 
pamphlet  form.  (Laws  of  1876,  ch.  122,  art.  11,  sec.  21.) 

SEC.  162.  Expenditures;  Contracts.  [7612.]  No  expendi- 
tures involving  an  amount  greater  than  $200  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract, 
and  no  contract  involving  an  expenditure  of  more  than  $500 
for  the  purpose  of  erecting  any  public  buildings  or  making 
any  improvements  shall  be  made  except  upon  sealed  propos- 


CH.  5]  CITIES   OF  SECOND  CLASS.  61 

als,  and  to  the  lowest  responsible  bidder.40  (Laws  1876, 
ch.  122,  art.  11,  sec.  22.) 

SEC.  163.  Sectarian  Doctrine.  [7613.]  No  sectarian  doc- 
trine shall  be  taught  or  inculcated  in  any  of  the  public  schools 
of  the  city ;  but  the  Holy  Scriptures,  without  note  or  comment, 
may  be  used  therein.  (Laws  1876,  ch.  122,  art.  11,  sec.  23.) 

SEC.  164.  Bond  Election.  [7615.]  It  shall  be  the  duty  of 
the  mayor  of  each  city  governed  by  this  act,  upon  the  request 
of  the  board  of  education,  forthwith  to  call  an  election,  to  be 
conducted  in  all  respects  as  are  the  elections  for  city  officers 
in  the  same  cities,  except  that  the  returns  shall  be  made  to 
the  board  of  education,  for  the  purpose  of  taking  the  sense 
of  such  district  upon  the  question  of  issuing  such  bonds, 
naming  in  the  proclamation  of  such  election  the  amount  of 
bonds  asked  for,  and  the  purpose  for  which  they  are  to  be 
issued.  (Laws  1876,  ch.  122,  art.  11,  sec.  25.) 

SEC.  165.  Execution  of  Bonds.  [7616.]  The  bonds,  the  is- 
suance of  which  is  provided  for  in  the  foregoing  section,41 
shall  be  signed  by  the  president,  attested  by  the  clerk  and 
countersigned  by  the  treasurer  of  the  board  of  education ;  and 
said  bonds  shall  specify  the  rate  of  interest  and  the  time  when 
principal  and  interest  shall  be  paid,  and  each  bond  so  issued 
shall  be  for  a  sum  not  less  than  fifty  dollars.  (Laws  1876, 
ch.  122,  art.  11,  sec.  26.) 

SEC.  166.  Levy  for  Interest  and  Sinking-fund.  [7617.]  The 
board  of  education,  at  the  time  of  its  annual  levy  of  taxes  for 
the  support  of  schools  as  hereinbefore  provided,  shall  also 
levy  a  sufficient  amount  to  pay  the  interest  as  the  same  ac- 
crues on  all  bonds  issued  under  the  provisions  of  this  article, 
and  also  to  create  a  sinking-fund  for  the  redemption  of  said 
bonds,  which  it  shall  levy  and  collect,  in  addition  to  the  rate 
per  cent  authorized  by  the  provisions  aforesaid  for  school  pur- 
poses ;  and  said  amount  of  funds,  when  paid  into  the  treasury, 
shall  be  and  remain  a  specific  fund  for  said  purpose  only,  and 
shall  not  be  appropriated  in  any  other  way  except  as  here- 
inafter provided.  (Laws  1876,  ch.  122,  art.  11,  sec.  27.) 

SEC.  167.  Bonds.  [Laws  1913,  ch.  270,  sec.  1.]  That  section 
1  of  chapter  260  of  the  Session  Laws  of  Kansas  for  1911  and 
the  same  is  hereby  amended  to  read  as  follows :  Sec.  1.  That 
whenever  it  shall  become  necessary  for  the  board  of  education 
of  any  city  of  the  second  class  to  provide  funds  for  the  purchase 
of  a  school  site  or  sites,  or  to  erect  a  suitable  building  or  build- 
ings thereon,  or  to  fund  any  bonded  indebtedness  or  any  float- 

40.  A  member  of  the  board  can  not  legally  enter  into  contract  with 
the  board  to  furnish  supplies  for  the  schools  under  said  board's  control 
nor  to  perform  any  service  for  said  board  for  which  said  member  draws 
pay.     (See  section  35'4  of  this  book.) 

41.  Section  164  of  this  book. 


62  CITIES   OF  SECOND   CLASS.  [CH.  5 

ing  indebtedness  which  may  at  the  present  exist  in  the  public 
schools  of  said  cities  of  the  second  class,  it  shall  be  lawful  for 
the  board  of  education  of  any  such  city  of  the  second  class,  to 
borrow  money,  for  such  purposes ;  and  for  such  purpose  or  pur- 
poses the  said  board  of  education  is  hereby  authorized  and 
empowered  to  issue  bonds  bearing  a  rate  of  interest  not  ex- 
ceeding five  per  cent  per  annum,  payable  annually  or  senii- 
annually  at  such  time  and  place  as  may  be  mentioned  on  the 
face  of  the  bonds,  which  shall  be  payable  in  not  more  than 
twenty  years  from  their  date,  and  the  board  of  education  is 
hereby  authorized  and  empowered  to  sell  such  bonds  at  not  less 
than  their  par  value;  provided  that  no  such  bonds  except  re- 
funding bonds  shall  be  issued  until  the  question  of  issuing  the 
same  shall  be  submitted  to  a  vote  of  the  people,  and  a  majority 
of  the  qualified  electors,  male  and  female,  who  shall  vote  on  the 
question  at  any  election  called  for  that  purpose  shall  have 
declared  by  their  votes  in  favor  of  issuing  bonds;  provided 
further,  that  the  total  indebtedness  of  the  said  board  of  edu- 
cation shall  not  thereby  be  increased  to  an  amount  exceeding 
two  and  one-fourth  per  cent  of  the  authorized  valuation  of 
the  territory  within  the  jurisdiction  of  said  board  of  educa- 
tion; provided  further,  that  the  board  of  education  of  cities 
of  the  second  class  may  issue  bonds  at  any  time  without  such 
election  to  pay  outstanding  warrants  or  floating  indebtedness 
which  may  exist  at  the  passage  of  this  act;  and  such  board 
of  education  may  issue  at  any  time  a  bond  for  a  sum  not 
greater  than  ten  hundred  dollars  to  raise  money  to  pay  for 
needful  repairs  on  school  buildings  or  heating  plants  for  the 
public  school  buildings,  if  the  state  school  superintendent  shall 
approve  in  writing  such  issue  of  bonds  for  floating  indebted- 
ness and  for  the  purposes  in  the  above  proviso;  provided,  it 
shall  not  at  any  time  exceed  an  aggregate  amount  of  the  sum 
of  five  thousand  dollars,  provided  further,  that  the  right 
granted  herein  to  boards  of  education  to  issue  bonds  without 
such  election  shall  not  be  construed  to  authorize  an  issue  of 
bonds  which,  with  those  of  the  same  kind  already  outstanding, 
shall  exceed  one-half  of  one  per  cent  of  the  assessment  for 
taxation,  as  shown  by  the  last  finding  and  determination  of 
the  proper  board  of  education. 

SEC.  168.  Investment  of  Sinking-fund.  [7618.]  All 
moneys  raised  for  the  purpose  of  creating  a  sinking-fund  for 
the  final  redemption  of  all  bonds  issued  under  this  article  shall 
be  invested  annually  by  the  board  of  education  in  the  bonds  of 
the  state  of  Kansas,  or  of  the  United  States,  or  the  board 
may  buy  and  cancel  the  bonds  of  the  district  whenever  such 
may  be  purchased  at  or  below  par.  (Laws  1876,  ch.  122,  art. 
11,  sec.  28.) 

SEC.  169.  Interest.  [7619.]  Whenever  the  interest  coupons 
of  the  bonds  hereinbefore  authorized  shall  become  due,  they 


CH.  5]  CITIES   OF   SECOND   CLASS.  63 

shall  be  promptly  paid,  on  presentation,  by  the  treasurer,  out 
of  money  in  his  hands  collected  for  that  purpose ;  and  he  shall 
indorse  upon  the  face  of  such  coupons  in  red  ink  the  word 
"Paid,"  and  the  date  of  payment,  and  sign  the  initials  of  his 
name.  (Laws  1876,  ch.  122,  art.  11,  sec.  29.) 

SEC.  170.  Security.  ^  [7620.]  The  school  fund  and  property 
of  such  city  and  territory  attached  for  school  purposes  are 
hereby  pledged  to  the  payment  of  the  interest  and  principal 
of  the  bonds  mentioned  in  this  article,  as  the  same  may  be- 
come due.  (Laws  1876,  ch.  122,  art.  11,  sec.  30.) 

SEC.  171.  Bond  Registry.  [7621.]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register  in  a  book  pro- 
vided for  that  purpose  the  bonds  issued  under  this  article,  and 
all  warrants  issued  by  the  board,  which  said  register  shall 
show  the  number,  date  and  amount  of  said  bonds,  and  to 
whom  made  payable.  (Laws  1876,  ch.  122,  art.  11,  sec.  31.) 

SEC.  172.  Levy  for  Buildings.  [Laws  1913,  ch.  120,  sec.  1.] 
The  board  of  education  of  all  cities  of  the  second  class,  having 
a  population  of  over  thirty-five  hundred  and  less  than  fifteen 
thousand  population,  are  hereby  authorized  to  locate  and  build 
schoolhouses  or  additions  thereto  within  the  district.  Before 
any  contract  is  let,  the  board  of  education  shall  record  upon 
the  journal  of  its  proceedings  a  finding  that  the  erection  of 
such  schoolhouse,  schoolhouses,  or  such  addition  or  additions 
thereto,  is  a  public  necessity  for  the  accommodation  of  its 
schools  and  shall  certify  to  the  county  clerk  of  the  county  an 
annual  levy  for  a  period  of  not  more  than  four  years,  said  levy 
not  to  exceed  two  mills  upon  the  dollar  of  all  taxable  property 
in  the  school  district,  including  attached  territory,  if  any, 
which  taxes  may  be  levied  in  addition  to  all  taxes  now  levied 
under  the  law,  and  shall  be  levied,  entered  upon  the  tax  roll, 
and  collected  in  the  same  manner  as  other  taxes;  provided, 
that  the  question  shall  have  been  submitted  to  the  qualified 
electors  of  the  district,  and  a  majority  of  all  the  qualified 
electors  voting  upon  the  proposition  shall  have  declared  by 
their  ballots  in  favor  thereof. 

SEC.  173.  Payment  by  Warrants  or  Bonds.  [Laws  1913, 
ch.  120,  sec.  2.]  The  board  of  education  may  divide  the  cost  of 
said  structure,  structures,  or  additions,  into  equal  installments 
and,  in  its  discretion,  provide  for  the  payment  of  any  one  of 
them,  either  by  an  annual  levy  of  not  to  exceed  two  mills  on 
the  dollar,  or  by  time  warrants  or  bonds  of  the  school  dis- 
trict, signed  by  the  president  and  clerk,  and  countersigned  by 
the  treasurer  of  the  district,  in  denominations  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  each 
bearing  interest  not  to  exceed  five  per  cent.  Said  time  war- 
rants or  bonds  shall  not  be  sold  below  par,  and  shall  mature 
not  later  than  the  close  of  the  period  of  four  years  or  less  in 
which  the  required  amount  might  have  been  raised  by  the 
annual  levy  as  hereinbefore  provided,  and  a  sufficient  levy, 


64  CITIES   OF  SECOND   CLASS.  [CH.  5 

not  to  exceed  two  mills,  shall  be  certified  and  made  in  each 
year  to  pay  said  warrants  or  bonds  and  all  accruing  interest 
thereon.  No  one  school  building  or  addition  to  school  build- 
ing built  under  this  act  shall  cost  more  than  seventy  thousand 
dollars. 

SEC.  174.  Expenditure  for  Additional  School  Grounds. 
[Laws  1913,  ch.  120,  sec.  3.]  The  board  of  education  may 
expend  a  sum  not  to  exceed  two  thousand  dollars  to  buy  addi- 
tional school  grounds. 

SEC.  175.  Bonds  Issued  to  Pay  Outstanding  Warrants. 
[Laws  1911,  ch.  105,  sec.  1.]  The  board  of  education  of  any 
city  of  the  second  class  is  hereby  authorized  to  issue  bonds  of 
such  board  of  education,  in  an  amount  not  to  exceed  the  total 
amount  due  on  warrants  of  said  board  of  education  outstanding 
at  the  time  this  law  takes  effect,  including  accrued  interest 
thereon.  The  proceeds  derived  from  the  sale  of  said  bonds 
shall  be  used  for  the  payment  of  the  amount  due  on  such  out- 
standing warrants,  including  interest,  and  for  no  other  purpose 
whatsoever. 

SEC.  176.  Denominations;  Payment;  Signatures.  [Laws 
1911,  ch.  105,  sec.  2.]  Said  bonds  shall  be  issued  in  denomina- 
tions of  not  less  than  $100,  and  shall  be  payable  not  more  than 
twenty  years  from  the  date  thereof,  and  shall  bear  interest 
at  a  rate  not  to  exceed  five  per  cent  per  annum,  payable  semi- 
annually,  for  which  interest  coupons  shall  be  attached  to  said 
bonds.  The  board  of  education  issuing  said  bonds  shall  by 
resolution  determine  the  time  or  times  when  said  bonds  shall 
be  payable  and  the  denomination  or  denominations  thereof. 
The  bonds  shall  be  signed  by  the  president  and  clerk  of  the 
board  of  education  issuing  the  same,  and  the  coupons  shall  be 
signed  in  the  same  way,  or  have  printed  or  engraved  thereon 
a  facsimile  of  said  signature. 

SEC.  177.  Sale  of  Bonds.  [Laws  1911,  ch.  105,  sec.  3.] 
Said  bonds  shall  be  sold  under  the  direction  of  the  board  of 
education  issuing  the  same,  for  not  less  than  their  par  value, 
and  no  commission  shall  be  allowed  for  the  same.  No  bonds 
shall  be  delivered  to  any  purchaser  unless  the  board  of  educa- 
tion issuing  the  same  shall  receive  at  the  time  of  the  delivery 
thereof  the  outstanding  warrants  which  are  paid  by  the  pro- 
ceeds of  said  bonds. 

SEC.  178.  Tax  for  Interest  and  Sinking-fund.  [Laws  1911, 
ch.  105,  sec.  4.]  Each  board  of  education  issuing  bonds  under 
the  provisions  of  this  act  shall  each  year  levy  a  tax  on  the  tax- 
able property  of  said  city  and  the  territory  attached  thereto 
for  school  purposes  sufficient  to  pay  the  interest  accruing 
thereon,  and  shall  also  make  such  provision  for  a  sinking-fund 
as  it  may  deem  proper. 

SEC.  179.  Treasurer  of  the  Board.  [949.]  There  shall  be 
elected,  on  the  first  Tuesday  of  April  of  each  odd-numbered 


CH.  5]  CITIES   OF   SECOND   CLASS.  65 

year,  a  mayor,  police  judge,  city  treasurer,  and  treasurer  of 
the  board  of  education,  together  with  councilmen,  members  of 
the  board  of  education,  justices  of  the  peace,  and  constables, 
as  herein  provided.  The  mayor  shall  appoint,  by  and  with 
the  consent  of  the  council,  a  city  marshal,  a  city  clerk,  a  city 
attorney,  and  city  assessor,  and  may  appoint  an  assistant  mar- 
shal, city  engineer,  street  commissioner,  and  such  policemen 
and  other  officers  as  they  may  deem  necessary.  The  officers  so 
appointed  and  confirmed  shall  hold  their  office  for  a  term  of 
one  year,  and  until  their  successors  are  appointed  and  qualified ; 
the  council  shall  by  ordinance  specify  their  duties  and  com- 
pensation, and  by  ordinance  abolish  any  office  created  by  them 
whenever  they  may  deem  it  expedient.  The  mayor,  council - 
men,  members  of  the  board  of  education,  justices  of  the  peace, 
constables,  city  treasurer,  police  judge  and  treasurer  of  the 
board  of  education  shall  hold  their  offices  for  the  term  of  two 
years,  and  all  other  officers  for  the  term  of  one  year ;  provided, 
at  the  first  annual  election  after  the  organization  of  any  city 
there  shall  be  two  councilmen  and  two  members  of  the  board  of 
education  elected  from  each  ward,  one  of  whom  shall  serve  for 
one  year  and  one  for  two  years,  and  one  councilman  and  one 
member  of  the  board  of  education  shall  be  elected  from  each 
ward  at  each  annual  election  thereafter;  provided,  that  no 
member  of  the  board  of  education  shall  be  a  member  of  the 
council,  nor  shall  any  member  of  the  council  be  a  member  of 
the  board  of  education,  and  no  person  shall  hold  the  office  of 
police  judge  and  justice  of  the  peace  at  the  same  time;  and 
provided  further,  that  in  cities  having  a  population  of  over 
10,000  inhabitants  the  board  of  education  shall  consist  of  six 
members  only.  There  shall  be  elected  in  such  cities,  on  the  first 
Tuesday  of  April,  1885,  six  members  of  the  board  of  education, 
two  of  whom  shall  serve  for  one  year,  two  for  two  years,  and 
two  for  three  years,  and  at  the  annual  election  every  year 
thereafter  two  members  of  the  board  of  education  shall  be 
elected  for  the  term  of  three  years.  (Laws  1885,  ch.  99,  sec.  3.) 
SEC.  180.  Validity  of  Official  Acts.  [7627.]  That  in  cases 
wherein,  in  cities  of  the  second  class  of  over  10,000  inhab- 
itants, the  boards  of  education  have  heretofore  consisted  of  but 
six  members,  the  official  acts  and  proceedings  of  such  boards 
heretofore  had  and  taken,  and  contracts  made  and  entered  into 
and  obligations  incurred  by  such  boards  of  education  in  pur- 
suance of  the  laws  of  Kansas  governing  boards  of  education  in 
such  cities,  be  and  the  same  are  hereby  ratified  and  confirmed, 
and  declared  to  be  of  the  same  validity,  force  and  effect  as 
though  said  boards  of  education  had  consisted  of  two  members 
from  each  of  the  wards  of  such  cities.  (Laws  1907,  ch.  243, 
sec.  1.) 

NOTE. — For  the   election  of  members  of  the  board   of  education   in 
cities  of  the  first  and  second  class  see  section  92  of  this  book. 

-3 


66  CITIES  OF   THIRD  CLASS.  [CH.  5 


ARTICLE  V. — CITIES  OF  THE  THIRD  CLASS. 


§181.    Cities    of    the    third    class    defined; 
government  of  public  schools. 


§182.    No  portion  of  city  shall  be  detached 
from  school  district. 


SECTION  181.  Defined.  [7629.]  Public  schools  in  incorpo- 
rated cities  which  have  not  less  than  250  and  not  over  2000  in- 
habitants, if  not  otherwise  provided  for  by  law,  shall  be  gov- 
erned by  the  provisions  of  this  act  which  apply  to  the  organiza- 
tion and  maintenance  of  district  schools42  or  of  union  or 
graded42  schools.  (Laws  1876,  ch.  122,  art.  12,  sec.  1.) 

SEC.  182.  No  Portion  of  City  Shall  be  Detached.  [7630.] 
That  no  portion  of  the  corporation  of  a  city  of  the  third  class 
shall  be  detached  from  the  school  district  in  which  the  city  is 
located,  and  the  whole  of  such  corporation  shall  be  and  remain 
in  one  school  district  for  the  purpose  of  schools  and  taxation.43 
(Laws  1876,  ch.  122,  art.  12,  sec.  2.) 

42.  See  chapter  X. 

43.  See  section  7628,  General  Statutes  of  1909,  concerning  the  detach- 
ment of  territory  where  a  city  of  the  third  class  has  become  a  city  of  the 
second  class. 


CH.  6]  COMPULSORY  EDUCATION.  67 


CHAPTER  VI.— COMPULSORY  EDUCATION. 

§183.    Who  must  attend  school;  liability  of 


parents  and  guardians. 

184.  Truant  officers;   appointment;   duty. 

185.  Incorrigible  pupils. 

186.  Compensation  of  truant  officers. 

187.  Teachers  and  school  officers  to  report. 


§188.    Annual  school  census. 

189.  Deaf,  mute  and  blind  must  be  edu- 

cated. 

190.  Penalty. 

191.  Education  of  children  in  asylums. 


SECTION  183?  Who  Must  Attend  School;  Liability  of  Parents 
and  Guardians.  [7736.]  Every  parent,  guardian  or  other  per- 
son in  the  state  of  Kansas  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  eight  and  fifteen  years,44 
inclusive,  shall  be  required  to  send  such  child  or  children  to  a 
public  school,  or  a  private,  denominational  or  parochial  school45 
taught  by  a  competent45  instructor,  each  school  year,  for  such 
period  as  said  school  is  in  session;  provided,  that  any  child 
of  the  age  of  fourteen  years  or  more  who  is  able  to  read  and 
write  the  English  language,46  and  who  is  actively  and  regu- 
larly employed46  for  his  own  support  or  for  the  support  of 
those  dependent  upon  him,  shall  not  be  required  to  attend  the 
aforesaid  schools  for  a  longer  period  or  term  than  eight  con- 
secutive weeks  in  any  one  year;  provided,  that  any  and  all 
children  that  have  received  a  certificate  of  graduation  from 
the  common  schools  of  any  county  or  certificate  of  admission 
to  a  high  school  in  any  city  in  the  state  of  Kansas  shall  be 
exempt  from  the  provisions  of  this  act;  provided,  that  the 
children  who  are  physically  or  mentally  incapacitated  for  the 
work  of  common  schools  are  exempt  from  the  provisions  of 
this  act,  but  the  school  authorities  shall  have  the  right,47  and 
they  are  hereby  authorized,  when  such  exemption  under  the 
provisions  of  this  act  is  claimed  by  any  parent,  guardian  or 
other  person  in  the  control  or  charge  of  such  child  or  children, 
to  cause  an  examination  of  such  child  or  children  by  a  physi- 
cian or  physicians  employed  for  such  purpose  by  such  authori- 
ties,48 and  if  such  physician  or  physicians  hold  that  such  child 

44.  The  ages  are  from  the  time  the  child  becomes  eight  years  old  until 
it  becomes  fifteen  years  old. 

45.  The  parent  or  guardian  may  determine  the  particular  kind  of  a 
school  which  the  child  shall  attend.    Attendance  at  a  night  school  does  not 
afford  sufficient  time  to  become  a  substitute  for  attendance  upon  a  day 
school.    This  state  requires  that  instructors  in  such  schools  be  competent; 
a  teacher  may  be  competent  without  being  the  holder  of  a  teacher's  cer- 
tificate.   For  exclusion  on  account  of  a  contagious  disease,  see  section  166. 

46.  He  must  be  able  to  read  and  write  the  English  language,  and  also 
be  actively  and  regularly  employed  as  stated  in  the  law. 

47.  It  is  entirely  within  the  province  of  school  authorities  to  determine 
the  validity  of  the  claim  for  exemption. 

48.  The  school  boards  should  pay  the  expense  of  the  examination  by 
the  physician. 


68  COMPULSORY  EDUCATION.  [CH.  6 

or  children  are  capable  of  doing  the  work  in  the  common 
schools,  then  such  child  or  children  shall  not  be  exempt  from 
the  provisions  of  this  act.  (Laws  1903,  ch.  423,  sec.  1.) 

SEC.  184.  Truant  Officers;  Appointment;  Duty.  [7737.] 
The  county  superintendents  of  public  instruction  shall  divide 
their  respective  counties,  exclusive  of  all  cities  of  the  first 
and  second  class  therein,  into  not  less  than  one  nor  more  than 
five  truant  districts,  and  the  board  of  county  commissioners 
shall,  upon  the  nomination  of  the  county  superintendents  of 
public  instruction  of  their  respective  counties,  appoint  a 
truant  officer  for  each  district  thus  created,  who  shall  hold  his 
office  at  the  will  of  the  county  superintendent  of  public  in- 
struction ;  and  the  boards  of  education  of  all  cities  of  the  first 
and  second  class,  respectively,  shall,  independently  and  orig- 
inally, appoint  the  truant  officers  or  officer  of  their  respective 
cities,  to  serve  at  the  pleasure  of  the  appointing  board.  Each 
truant  officer,  in  his  respective  district,  shall  see  that  the  pro- 
visions of  this  act  are  complied  with,49  and  when  from  per- 
sonal knowledge,  or  by  report,  or  complaint  of  any  resident  or 
teacher  of  the  district  under  his  supervision,  or  from  any  in- 
formation, he  believes  that  any  child  subject  to  the  provisions 
of  this  act  is  habitually  absent  from  any  school  which  it  should 
or  has  been  accustomed  to  attend,  or  has  been  assigned  to 
attend  by  order  of  the  directors  of  any  country  district,  or  by 
the  classification,  transfer,  or  order  of  the  board  of  education 
or  superintendent  of  schools  of  any  city  of  the  first  or  second 
class,  for  a  period  of  three  or  more  consecutive  days,  unless 
excused  under  the  provisions  of  section  1  of  this  act,  he  shall 
immediately  give  written  notice50  to  the  parent,  guardian  or 
other  person  having  control  or  charge  of  such  child,  or,  in  the 
absence  of  such  parent,  guardian  or  other  person  having  con- 
trol'or  charge  from  his  or  her  usual  place  of  residence,  shall 
leave  a  copy  of  such  notice  with  some  person  over  twelve  years 
of  age  residing  at  the  said  usual  place  of  residence,  with  in- 
structions to  hand  said  notice  to  said  parent,  guardian  or 
other  person  haying  control  or  charge  of  such  child,  which 
notice  shall  require  the  attendance  of  said  child  at  said  school 
within  five  days  from  date  of  same;  and  if  within  five  days 
from  the  date  of  said  notice  such  parent,  guardian  or  other 
person  having  control  or  charge  of  such  child  does  not  comply 
with  the  provisions  of  this  act,  then  such  truant  officer  shall 
make  complaint  in  the  name  of  the  state  of  Kansas  against 
such  parent,  guardian  or  other  person  having  control  or 
charge  of  such  child  in  the  juvenile  court  or  other  court  of 

49.  The  truant  officer  appointed  by  the  county  commissioners  is  under 
the  direction  and  supervision  of  the  county  superintendent. 

50:  Formal  written  notice  is  required,  and  the  notice  is  final  for  the 
term.  Notice  by  registered  letter  where  delivery  is  prompt,  or  by  special 
delivery  where  it  can  be  used,  is  a  legal  notice  if  delivery  can  be  proved* 


CH.  6]  COMPULSORY  EDUCATION.  69 

competent  jurisdiction  of  such  county,  which  court  is  hereby 
clothed  with  jurisdiction  over  all  offenders  and  proceedings 
under  this  act,  with  full  power  to  try  and  hear  all  complaints, 
impose  fines,  enforce  their  collection  by  distress  or  imprison- 
ment, and  to  fully  execute  the  provisions  of  this  act.  It  shall 
be  unlawful  for  any  merchant,  company,  or  other  party,  with- 
out the  written  permit  of  the  board  of  directors  of  any  country 
district,  or  of  the  board  of  education  of  any  city  of  the  first  or 
second  class,  to  employ  any  child  therein,  between  the  ages  of 
eight  and  fifteen  years,  during  the  sessions  of  the  school  term 
or  year,  unless  such  child  is  exempt  from  attendance  under  the 
provisions  of  section  1 ;  provided,  that  the  board  of  directors 
of  any  country  district  or  the  board  of  education  of  any  city 
of  the  first  or  second  class  shall  have  authority,  in  the  exercise 
of  a  sound  discretion,  to  permit  temporary  absences  of  chil- 
dren from  school,  between  the  ages  of  eight  and  fourteen 
years,  in  extreme  cases  of  emergency  or  domestic  necessity. 
Any  parent,  guardian  or  other  person  having  control  or  charge 
of  such  child  delinquent  in  school  attendance,  and  any  mer- 
chant, company  or  other  party  unlawfully  employing  such 
child,  upon  conviction  of  the  violation  of  any  provision  of  this 
act,  or  of  the  act  of  which  this  is  amendatory,  shall  be  ad- 
judged guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for 
each  offense,  and  be  committed  to  the  county  jail  till  same  is 
paid;  all  fines  collected  shall  be  paid  into  the  county  treasury 
for  the  support  of  the  common  schools.  It  shall  be  the  duty 
of  all  county  attorneys,  for  country  districts,  in  their  respec- 
tive counties,  and  of  all  city  attorneys,  in  their  respective 
cities,  to  prosecute  all  complaints  filed  and  actions  brought 
under  this  act  or  under  the  provisions  of  the  act  of  which  this 
is  amendatory.  (Laws  1907,  ch.  317,  sec.  1.) 

SEC.  185.  Incorrigible  Pupils.  [7738.]  In  case  any  pupil 
becomes  an  habitual  truant,  or  becomes  a  menace  to  the  best 
interests  of  the  school  which  he  is  attending,51  then  it  shall  be 
the  duty  of  the  truant  officer  to  report  said  facts  and  conditions 
to  the  parents  or  guardian  of  said  child.  The  parent  shall  be 
held  liable  under  the  provisions  of  this  act  for  the  regular  at- 
tendance and  good  conduct  of  said  child,  unless  said  parent  or 
guardian  shall  state  in  writing  to  said  truant  officer  that  said 
child  is  beyond  the  control  of  said  parent  or  guardian.  Then 
it  shall  be  the  duty  of  the  truant  officer  to  proceed  against  said 
pupil  under  the  provisions  of  the  law  governing  juvenile  dis- 
orderly persons.  Cities  of  the  first  and  second  class  will  each 
constitute  a  separate  district  for  the  administration  of  this 
act,  and  the  truant  officer  or  officers  of  such  cities  shall  be 
appointed  by  the  respective  boards  of  education  of  said  cities ; 

51.  Repeated  and  willful  disobedience  of  the  rules  of  school  is  a 
menace  to  the  best  interests  of  the  school. 


70  COMPULSORY  EDUCATION.  [CH.  6 

provided,  that  there  shall  be  in  such  cities  but  one  truant  of- 
ficer for  each  10,000  children,  according  to  the  school  enumera- 
tion; provided  further,  that  no  city  shall  have  more  than  five 
truant  officers.  The  truant  officers52  of  cities  shall  enforce 
the  provisions  of  this  act  in  the  manner  and  under  such  penal- 
ties as  are  prescribed  by  section  253  of  this  act.  (Laws  1903, 
ch.  423,  sec.  3.) 

SEC.  186.  Compensation  of  Truant  Officers.  [7739.]  The 
truant  officers  provided  for  in  this  act  who  are  appointed  by 
the  board  of  county  commissioners  shall  receive  from  the 
county  treasury  two  dollars  for  each  day  for  actual  services.54 
The  truant  officers  provided  for  in  this  act  who  are  appointed 
by  the  board  of  education  of  any  city  of  the  first  or  second 
class  shall  receive  from  the  treasury  of  such  board  of  edu- 
cation two  dollars  for  each  day  for  actual  service.  Such 
truant  officers  shall  be  paid  by  the  respective  counties55  or 
board  of  education  in  the  same  manner  as  other  employees 
are  paid;  provided,  that  no  warrant  shall  be  issued  either  on 
the  county  treasurer  or  the  treasurer  of  the  board  of  education 
for  such  services  until  the  truant  officer  shall  have  filed  an 
itemized  statement  of  the  time  employed  in  such  service,  and 
such  statement  shall  have  been  certified  to  by  the  county  su- 
perintendent of  public  instruction  or  by  the  clerk  of  the  board 
of  education  in  the  city  in  which  such  truant  officer  is  em- 
ployed; provided  further,  that  no  truant  officer  shall  receive 
pay  for  more  days'  service  during  any  one  year  than  the  num- 
ber of  days  the  school  is  in  session  that  year.  (Laws  1903,  ch. 
423,  sec.  4.) 

SEC.  187.  Teachers  and  School  Officers  to  Report.  [7740.] 
All  school  officers  are  hereby  required  to  make  and  furnish  all 
reports  that  may  be  required  by  the  county  superintendent  of 
public  instruction  or  by  the  board  of  education  of  any  city  of 
the  first  and  second  class  with  reference  to  the  workings  of 
this  act.  Every  teacher  employed  in  the  public  schools  in 
the  state  of  Kansas  is  hereby  required,  before  receiving  each 
month's  salary,  to  make  a  report  to  the  county  superintendent 
of  public  instruction  or  to  the  superintendent  of  the  city  in 
which  he  may  be  employed,  showing  the  names  and  addresses 

52.  Truant  officers  of  cities  of  the  first  and  second  class  are  under  the 
supervision  of  their  respective  boards  of  education  or  the  city  superin- 
tendent, who  is  the  board's  executive  officer. 

53.  Section  184  of  this  book. 

54.  The  truant  officer  may  be  appointed  probation  officer  of  the  juvenile 
court,  as  provided  in  section  442. 

55.  When   the   county   superintendent  has   approved   the  bill   of  the 
truant  officer,  the  county  commissioners  (or  auditor)  of  the  county  have 
no  option  but  to  order  payment  of  same.     Truant  officers  are  not  entitled 
to  pay  for  traveling  expenses.     They  are  entitled  to  pay  for  a  reasonable 
amount  of  office  work  in  connection  with  their  regular  duties. 


CH.  6]  COMPULSORY   EDUCATION.  71 

of  all  pupils  who  have  been  truant  or  habitually  absent  from 
school  during  the  previous  month,  and  stating  reasons  for 
such  truancy  or  habitual  absence  in  each  case,  if  known.  All 
such  cases  of  truancy  so  reported  shall  be  brought  to  the  notice 
of  the  proper  truant  officer  by  the  county  superintendent  of 
public  instruction  or  by  the  superintendent  of  the  city  by  which 
he  is  employed.  (Laws  1903,  ch.  423,  sec.  5.) 

SEC.  188.  Annual  School  Census.  [7741.]  In  order  that  the 
provisions  of  this  act  may  be  more  definitely  enforced,  it  is 
hereby  provided  that  the  enumerators56  of  school  children,  in 
taking  their  annual  school  census,  shall  ascertain  and  record 
the  name,  place57  and  date  of  birth  of  every  child  enumerated, 
and  the  parent,  guardian  or  persons  having  charge  or  control 
of  such  child  shall  subscribe  and  take  oath  or  affirmation  that 
such  record  is  true.  The  enumerator  is  hereby  empowered  to 
administer  such  oath  or  affirmation ;  and  any  parent,  guardian 
or  person  having  charge  or  control  of  any  child  who  shall  re- 
fuse to  take  such  oath  or  affirmation  shall  be  adjudged  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  one  nor  more  than  ten  dollars.  (Laws 
1903,  ch.  423,  sec.  6.) 

SEC.  189.  Deaf,  Mute  and  Blind  Must  be  Educated.  [7742.] 
That  every  parent,  guardian,  company,  corporation,  associa- 
tion, person  or  persons  within  the  state  of  Kansas  having  con- 
trol or  charge  of  any  deaf,  dumb  or  blind  child  or  person  be- 
tween the  ages  of  seven  and  twenty-one  years,  inclusive,  shall 
be  required  to  send  such  child  or  person  to  some  suitable  school 
where  deaf  and  blind  are  taught  and  educated.  The  instruction 
given  the  deaf  shall  be  conducted  either  orally  or  by  sign 
method,  or  both,  for  a  period  of  at  least  five  months  in  each 
year ;  provided,  that  this  will  not  apply  to  such  child  or  person 
where  skilled  private  instruction  is  given  for  the  same  length 
of  time  each  year.  It  shall  be  the  duty  of  the  truant  officer 
provided  in  section  2,  Laws  of  1903,  to  enforce  the  provisions 
of  this  act,  the  same  as  provided  for  the  enforcement  of  chap- 
ter 423,  Laws  of  1903.  (Laws  1905,  ch.  384,  sec.  1.) 

SEC.  190.  Penalty.  [7743.]  Any  parent,  guardian,  com- 
pany, corporation,  association,  member  of  any  company,  cor- 
poration, or  association,  person  or  persons  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  adjudged  to 
pay  a  fine  in  any  sum  not  to  exceed  $100.  (Laws  1905,  ch. 
384,  sec.  2.  ) 

SEC.  191.  Education  of  Children  in  Asylums.  [5569.]  When- 
ever it  shall  be  necessary  and  practicable,  poor  children  of  the 

56.  In  all  districts  under  the  supervision  of  the  county  superintendent 
the  district  clerk  is  the  enumerator. 

57.  Address  at  the  date  of  census. 


72  COMPULSORY   EDUCATION.  [CH.  6 

asylums  who  can  not  be  bound  out,  or  whom  it  may  not  be 
expedient  to  bind  put,  shall  be  educated  thereat,  or  at  the 
schools  of  the  district  in  which  such  asylum  may  be  situated, 
or  in  some  adjacent  district,  and  the  board  of  county  commis- 
sioners of  any  such  county  may  arrange  with  such  school 
district  or  districts  for  the  education  of  such  children  and 
allow  a  reasonable  tuition  fee  therefor.  (Laws  1905,  ch.  385, 
sec.  1.) 


CH.  7J 


CONSOLIDATION. 


73 


CHAPTER  VII.— CONSOLIDATION. 


§192. 

193. 
194. 

195. 


Temporary  consolidation  of  districts 
by  county  superintendent. 

Procedure   in   consolidation. 

Consolidation  with  district  contain- 
ing a  graded  school. 

Transportation  of  pupils. 


§196. 

197. 
198. 
199. 
200. 
201. 


Powers  of  district   meetings  of   dis- 
trict board. 

County  superintendent  to  be  notified. 
Record  boundaries. 
Property  of  districts. 
Name. 
Duties  and  powers  of  district  board. 

SECTION  192.  Temporary  Consolidation  of  Districts  by 
County  Superintendent.  [7428.]  The  county  superintendent 
of  public  instruction  may,  when  any  two  or  more  adjoining 
school  districts  have  less  than  five  pupils  each  of  school  age, 
combine  the  pupils  of  such  districts,  and  provide  for  a  term  of 
school,  which  shall  be  divided  among  the  districts  so  combined 
as  he  shall  deem  most  convenient,  and  to  which  the  pupils  of 
each  shall  be  admitted;  he  shall  prorate  the  expense  between 
the  districts  in  proportion  to  the  number  of  pupils  from  each, 
and  shall  certify  same  to  the  county  clerk  on  or  before  the  1st 
day  of  August  of  each  year,  and  the  board  of  county  commis- 
sioners shall  levy  a  tax  against  the  property  of  said  district 
sufficient  to  raise  the  amount  shown  by  the  said  certificate; 
provided,  that  whenever  the  school  population  of  such  districts 
so  combined  or  of  any  school  district  shall  become  less  than  five 
no  term  of  school  shall  be  held,  but  provision  shall  be  made  by 
the  county  superintendent  for  sending  pupils  to  other  schools, 
as  now  provided  by  law  in  the  case  of  districts  which  vote  to 
have  no  school,  and  in  no  case  shall  more  than  one  school  be 
held  at  the  same  time  in  any  school  district,  consolidated  or 
otherwise,  unless  there  be  a  regular  attendance  of  at  least  five 
bona  fide  pupils  for  -each  of  the  additional  schools  in  said  dis- 
trict. All  contracts  with  teachers  shall  be  made  subject  to  the 
provisions  of  this  act.  (Laws  1901,  ch.  307,  sec.  11.) 

SEC.  193.  Procedure  in  Consolidation.  [Laws  1911,  ch. 
275,  sec.  1.]  By  order  of  the  district  board,  or  by  a  written 
petition  of  twenty-five  per  cent  of  the  voters  of  any  school  dis- 
trict, the  clerk  of  said  school  district  shall  post  printed  notices 
as  required  for  school-district  meetings,  calling  a  school-dis- 
trict meeting  at  the  schoolhouse  of  said  district  for  the  purpose 
of  voting  upon  a  proposition  to  consolidate  said  school  district 
with  one  or  more  school  districts  as  stated  in  said  notices. 
The  vote  in  any  district  may  be  made  conditional  on  a  similar 
proposition  carrying  in  part  or  all  of  the  districts  voting.  In 
any  school  district  voting  on  the  proposition  a  majority  of  the 
votes  cast  shall  be  sufficient  to  carry  the  proposition  in  said 
district.  The  vote  at  such  school-district  meeting  shall  be  by 
ballot,  which  shall  read  "For  consolidation"  or  "Against  con- 
solidation." Upon  such  proposition  being  carried,  the  clerk  of 
said  school  district  shall  thereupon,  in  writing,  notify  the 


74  CONSOLIDATION.  [CH.  7 

county  superintendent  of  such  action.  Upon  receiving  such 
notice,  it  shall  be  the  duty  of  the  county  superintendent  to 
designate  a  time  and  place  for  a  meeting  for  the  purpose  of 
electing  a  school  board,  consisting  of  a  director,  clerk  and 
treasurer,  notice  of  which  meeting  shall  be  given  by  printed 
notices  posted  in  five  public  places  in  the  district  uniting.  As 
soon  as  such  officers  are  elected  and  have  taken  the  oath  of 
office,  the  county  superintendent  shall  declare  the  old  districts 
disorganized;  provided,  that  said  school  board  is  authorized  to 
maintain  separately  till  the  end  of  the  term  any  schools  that 
may  be  in  session  at  the  time  of  consolidation. 

SEC.  194.  Consolidation  with  'a  District  Containing  a  Graded 
School.  [Laws  1911,  ch.  275,  sec.  2.]  Any  school  district  may 
be  annexed  to  a  school  district  containing  a  graded  school  upon 
a  proposition  for  such  annexation  receiving  a  majority  of  votes 
cast  at  an  election  called  for  that  purpose  as  provided  for  in 
section  1  of  this  act,  and  upon  said  proposition  receiving  the 
approval  of  the  district  board  of  the  school  district  containing 
said  graded  school.  Upon  the  county  superintendent  receiving 
notification  that  such  proposition  has  been  carried  at  said  elec- 
tion and  approved  by  the  school  board  of  the  school  district 
containing  the  graded  school,  the  county  superintendent  shall 
annex  said  district.  Such  annexation  shall  take  place  in  ac- 
cordance with  section  7435  of  the  General  Statutes  of  1909, 
and  after  such  district  is  formed  it  shall  be  governed  by  the 
provisions  governing  consolidated  districts.  A  graded  school 
for  the  purpose  of  this  act  shall  be  one  in  which  two  or  more 
teachers  are  employed. 

SEC.  195.  Transportation  of  Pupils.  [Laws  1911,  ch.  275, 
sec.  3.]  The  district  board  of  consolidated  school  districts 
shall  provide  for  the  comfortable  transportation  of  the  pupils 
of  said  districts  living  two  or  more  miles  from  the  school  by 
the  usually  traveled  road  in  a  safe  and  enclosed  conveyance  or 
conveyances,  and  shall  establish  such  rules  and  regulations  as 
may  be  necessary  for  carrying  out  the  provisions  of  this  sec- 
tion. 

SEC.  196.  Powers  of  District  Meetings  and  of  District  Board. 
[Laws  1911,  ch.  275,  sec.  4.]  The  annual  or  special  meetings 
of  consolidated  school  districts  shall  have  such  general  powers 
and  duties  as  are  provided  by  law  for  school-district  meetings.58 
The  duties  and  powers  of  the  district  board  of  consolidated 
districts  shall  include  those  provided  by  law  for  district  boards. 

SEC.  197.  County  Superintendent  to  be  Notified.  [7433.] 
Upon  the  organization  of  such  union  school  districts,  as  here- 
inbefore provided,  the  clerk  of  the  board  thereof  shall  notify 
the  county  superintendent  in  writing  that  such  action  has  been 
taken.  (Laws  1901,  ch.  305,  sec.  3.) 

58.    See  chapter  X  of  this  book. 


CH.  7]  CONSOLIDATION.  75 

SEC.  198.  Record  of  Boundary.  [7434.]  The  boundary  of 
the  union  district,  when  formed,  shall  include  the  territory  of 
the  districts  so  uniting,  and  the  county  superintendent  shall, 
upon  proper  notice  thereof,  at  once  make  a  record  of  such 
boundary ;  provided,  that  by  vote  of  the  electors  of  any  district 
uniting  to  form  a  union  district  part  of  the  district  may  unite 
with  one  union  district  and  part  with  another  adjacent  union 
district.  (Laws  1901,  ch.  305,  sec.  4.) 

SEC.  199.  Property  of  Districts.  [7435.]  Upon  the  organi- 
zation of  such  union  school  district,  all  school  property,  except 
as  hereinbefore  provided,  heretofore  owned  by  the  several  dis- 
tricts so  uniting,  shall  at  once  become  the  property  of  such 
union  school  district,  and  the  board  of  directors  of  the  said 
union  school  district  are  hereby  authorized  to  dispose  of  any  or 
all  such  property  as  the  best  interests  of  such  district  may  re- 
quire. (Laws  1901,  ch.  305,  sec.  5.) 

SEC.  200.  Name.  [7437.]  Such  union  school  district,  when 
formed,  shall  be  known  as  union  school  district  No.  — ,  county 
of  -  — ,  state  of  Kansas,  and  be  a  body  corporate,  with 
power  to  sue  and  be  sued.  (Laws  1901,  ch.  305,  sec.  7.) 

SEC.  201.  Duties  and  Powers  of  District  Board.59  [7438.] 
The  duties  and  powers  of  the  board  of  directors  heretofore 
mentioned  shall  be  the  same  as  those  provided  by  law  for 
school-district  boards.  (Laws  1901,  ch.  305,  sec.  8.) 

59.    See  chapter  X  of  this  book. 


76  COUNTY   SCHOOL  FUND.  [CH.  8 


CHAPTER  VIII. — COUNTY  SCHOOL  FUND. 

§205.    Moneys  and  property  to  be  delivered 


§202.    County  treasurer. 

203.  County  clerk  shall  report  to  county 

superintendent. 

204.  Justices   shall   report   to   county    su- 

perintendent proceeds  of  fines  and 
estrays. 


to  proper  officers. 

206.  No   compensation. 

207.  Penalty. 

208.  Unclaimed  money. 

209.  Fines   and   penalties  paid   into   com- 

mon-school fund. 


SECTION  202.  County  Treasurer.  [7730.]  The  county 
treasurer  shall  collect  all  moneys  due  the  county  for  school  pur- 
poses from  fines,  forfeitures,  or  proceeds  from  the  sale  of 
estrays,  and  all  moneys  paid  by  persons  as  equivalent  for  ex- 
emption from  military  duty ;  and  he  shall,  upon  proper  applica- 
tion of  the  district  treasurer  of  any  district  in  the  county,  pay 
over  to  the  said  district  treasurer  the  amount  apportioned 
to  the  district  by  the  county  superintendent.60  He  shall  also 
collect  the  delinquent  taxes  on  real  estate  in  any  district,  in 
the  same  manner  as  county  taxes  are  collected,  whenever  such 
delinquent  tax  list  shall  have  been  lawfully  reported  and  re- 
turned to  him,  and  he  shall  pay  the  same  over  to  the  treasurer 
of  the  district  to  which  such  delinquent  taxes  are  due ;  and  if 
any  county  treasurer  shall  refuse  to  deliver  over  to  the  order 
of  the  county  superintendent  any  school  money  in  his  posses- 
sion, or  shall  use  or  permit  to  be  used  for  any  other  purpose 
than  is  specified  in  this  act  any  school  money  in  his  possession, 
he  shall  on  conviction  thereof  be  adjudged  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year.  (Laws 
1876,  ch.  122,  art.  17,  sec.  1.) 

SEC.  203.  County  Clerk.  [7731.]  The  county  clerk  of  each 
•county  shall,  on  the  first  Mondays  of  March  and  July  of  each 
year,  make  out  and  transmit  to  the  county  superintendent  a 
true  statement  of  any  county  school  money  then  in  the  county 
treasury.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

SEC.  204.  Justice  of  the  Peace.  [7732.]  Each  justice  of 
the  peace  shall  report  to  the  county  superintendent,  on  the  1st 
day  of  March  and  on  the  25th  day  of  July  of  each  year,  the 
amount  received  from  the  proceeds  of  fines  and  estrays  during 
the  six  months  preceding,  and  belonging  to  the  school  fund  of 
the  county;  and  each  justice  of  the  peace,  at  the  time  of  mak- 
ing his  report  to  the  county  superintendent,  shall  promptly  pay 
all  of  said  proceeds  to  the  county  treasurer,  to  be  disbursed  by 
the  county  superintendent  at  the  next  ensuing  semiannual 
dividend.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

60.  The  county  school  fund  is  added  to  the  allotment  received  from 
the  state  school  fund  and  apportioned  as  one  fund  by  the  county  superin- 
tendent. 


CH.  8]  COUNTY   SCHOOL  FUND.  77 

SEC.  205.  Moneys  and  Property.  [7733.]  All  persons  hav- 
ing school  moneys  or  other  school  property  in  their  possession, 
by  virtue  of  any  act  heretofore  passed,  are  hereby  required 
to  pay  over  and  deliver  the  same  to  the  proper  officers  provided 
for  by  this  act.  (Laws  1876,  ch.  122,  art.  17,  sec.  4.) 

SEC.  206.  No  Compensation.  [7734.]  No  county  treasurer 
shall  receive  any  compensation  for  disbursing  or  receiving 
either  county  or  state  school  moneys.  (Laws  1876,  ch.  122,  art. 
17,  sec.  5.) 

SEC.  207.  Penalty.  [7735.]  Any  county  treasurer  who  shall 
neglect  or  fail  to  pay  over  any  school  money  in  the  treasury, 
on  application,  shall  be  subject  to  a  fine  of  not  less  than  $500 
for  every  such  neglect  or  failure.  (Laws  1876,  ch.  122,  art.  17, 
sec.  6.) 

SEC.  208.  Unclaimed  Money.  [7698.]  If  any  sum  of 
money  directed  by  an  order  of  the  court  to  be  distributed  to 
heirs,  next  of  kin  or  legatees  shall  remain  for  the  space  of  one 
year  unclaimed,  the  executor  or  administrator  shall  pay  over 
the  same  to  the  treasurer  of  the  county  for  the  benefit  of  com- 
mon schools  of  the  county.  (Laws  1876,  ch.  122,  art.  15,  sec.  7.) 

SEC.  209.  Common-school  Fund.  [6908.]  All  fines  and 
penalties  imposed,  and  all  forfeitures  incurred,  in  any  county, 
shall  be  paid  into  the  treasury  thereof,  to  be  applied  to  the 
support  of  common  schools.  (Gen.  Stat.  1868,  ch.  82,  sec.  332.) 


78 


COUNTY   SUPERINTENDENT. 


[CH.9 


CHAPTER  IX. — COUNTY  SUPERINTENDENT. 


§210. 
211. 
212. 
213. 

214. 
215. 

216. 
217. 
218. 

219. 

220. 
222. 

223. 
224. 


225. 
226. 
227. 
228. 


Qualification. 

Term  of  office. 

Official  oath  and  bond. 

General  duties;  quarterly  report  to 
state  superintendent. 

Apportionment  of  state  and  county 
school  funds. 

Description  of  school-district  boun- 
daries. 

Shall  furnish. map  to  assessor. 

Boundary  lines  reestablished. 

Boundary  lines  reestablished  in  case 
of  error. 

Annual  report  to  state  superinten- 
dent. 

Compensation. 

Vacancy  in  board  of  directors  of 
school  district. 

Vacancy  in  office  of  county  superin- 
tendent. 

Superintendent  shall  require  clerks' 
reports  to  be  made  promptly  and 
correctly. 

Power  to  administer  oaths,  in  what 


Purchase  of  records  for  school  dis- 
tricts. 

Forming  and  changing  school  dis- 
tricts. 

School  districts  within  an  Indian 
reservation. 


§229.    Aggrieved  persons. 

230.  Notice  of  forming  school  district  and 

of  first  meeting. 

231.  Division  of  property. 

232.  Depopulated      school      district;      in- 

debtedness, how  paid. 

233.  County  treasurer  shall  pay  orders. 

234.  Superintendent  may  disorganize. 

235.  When    district    shall    be    considered 

depopulated. 

236.  Superintendent  may  disorganize  par- 

tially depopulated  districts. 

237.  Partially  depopulated  districts;   defi- 

nition. 

238.  Petition. 

239.  County    superintendent    may    attach. 

240.  Floating  indebtedness. 

241.  Orders  paid  by  county  treasurer. 

242.  Disposition   of  funds. 

243.  Disposition  of  property. 

244.  Territory  not  liable. 

245.  Annexation  of  school  districts. 

246.  Division  of  districts  annexed. 

247.  Other  duties;  deputy. 

248.  Neglect  or  refusal  to  perform  duty. 

249.  Agent  of  Orphans'  Home. 

250.  Unlawful  for  county  superintendents 

to  purchase  school  lands. 

251.  Trespassers  on  school  lands. 


SECTION  210.  Qualifications.  [7379.]  That  a  person  to  be 
eligible  to  the  office  of  county  superintendent  of  public  instruc- 
tion must  hold  a  professional  certificate,  first-grade  certificate, 
or  a  state  certificate,  or  be  a  graduate  of  an  accredited  college 
or  normal  school,  and  must  have  taught  at  least  eighteen 
months;  provided,  that  this  act  shall  not  apply  to  any  person 
now  holding  the  office  of  county  superintendent  or  to  any  per- 
son who  is  now  a  county  superintendent  elect.  (Laws  1907, 
ch.  167,  sec.  1.) 

SEC.  211.  Term  of  Office.  [7377.]  The  term  of  office  of  the 
county  superintendent  of  public  instruction  shall  begin  on  the 
second  Monday  of  May  of  each  odd  year,  beginning  with  the 
year  A.  D.  1901.  (Laws  1899,  ch.  244,  sec.  1.) 

SEC.  212.  Oath  and  Bond.  [7380.]  The  county  superin- 
tendent of  public  instruction  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe'  an  oath  or  affirmation 
to  support  the  constitution  of  the  United  States  and  of  the 
state  of  Kansas,  to  faithfully  discharge  the  duties  of  said  office, 
and  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $1000, 
conditioned  to  the  faithful  performance  of  his  official  duties; 
which  bond,  after  having  been  approved  by  the  board  of 
county  commissioners,  together  with  his  official  oath,  shall 
be  filed  in  the  office  of  the  county  clerk.  (Laws  1881,  ch.  152, 
sec.  1.) 

SEC.  213.    General  Duties.    [7381.]    It  shall  be  the  duty  of 


CH.  9]  COUNTY   SUPERINTENDENT.  79 

the  county  superintendent  of  public  instruction  to  visit  each 
school  in  his  county  at  least  once  each  term  of  six  months,61 
correcting  any  deficiency  that  may  exist  in  the  government 
of  the  school,62  the  classification  of  the  pupils,  or  the  methods 
of  instruction  in  the  several  branches  taught;  to  make  such 
suggestions  in  private  to  the  teachers  as  he  shall  deem  proper 
and  necessary  to  the  welfare  of  the  school;  to  note  the  char- 
acter and  condition  of  the  schoolhouse,  furniture,  apparatus, 
and  grounds,  and  make  a  report  in  writing  to  the  district 
board,  making  such  suggestions  as  in  his  opinion  shall  im- 
prove the  same;  to  examine  the  accounts  and  record-books  of 
the  district  officers,  and  see  that  they  are  kept  as  required  by 
law;  to  encourage  the  formation  of  associations  of  teachers 
and  educators  for  mutual  improvement,  and,  as  far  as  possible, 
to  attend  the  meetings  of  such  associations,  and  participate 
in  the  exercises  of  the  same;  to  attend  the  normal  held  in  his 
county,  using  his  influence  to  secure  the  attendance  of  teach- 
ers; to  make  daily  a  personal  inspection  of  the  work  of  the 
institute  in  session,  and  keep  a  record  of  the  same  in  his  office, 
and  do  such  work  in  connection  with  the  exercises  of  the 
institute  as  he  may  deem  necessary  ;63  to  hold  a  public  meeting 
in  each  school  district  of  his  county  at  least  once  every  year, 
for  the  purpose  of  discussing  school  questions  and  elevating 
the  standard  of  education ;  to  keep  his  office  open  at  the  county 
seat,  Saturday  of  each  week,  and  in  counties  in  which  the 
superintendent  receives  a  salary  of  more  than  $600  per  annum, 
he  shall  keep  his  office  open  when  not  necessarily  absent  at- 
tending to  his  official  duties.64  He  shall  keep  a  complete  record 
of  his  official  acts;  a  record  of  the  name,  age  and  post-office 
address  of  each  candidate  for  a  teacher's  certificate,  with  the 
number  of  weeks  said  candidate  has  attended  a  normal  school 
or  institute,  the  number  of  weeks  he  has  taught,  his  standing 
in  each  study,  and  the  date  of  issue  and  expiration  of  each 
certificate  granted.  He  shall  keep  a  register  of  the  teachers 
employed  in  his  county,  giving  name  of  teacher,  number  of 
the  district  in  which  he  is  employed,  dates  of  opening  and 
closing  term,  salary  per  month,  grade  of  certificate,  and  date 
of  superintendent's  visit.  He  shall  keep  a  record  of  the  semi- 

61.  "At  least  once  each  term  of  six  months"  is  held  to  mean  at  least 
once  each  school  year. 

62.  The  power  to  correct  deficiencies  in  government,  classification  and 
methods  of  instruction  implies  a  direct  responsibility  of  the  teacher  to  the 
superintendent.     The  language  of  the  law  is  clearly  intended  to  establish 
this  relation  somewhat  as  it  exists  in  city  schools.    Failure  to  pay  reason- 
able attention  to  the  suggestions  of  the  county  superintendent  in  these  mat- 
ters is  held  to  be  sufficient  ground  for  withholding  the  teacher's  certificate. 

63.  The  county  superintendent  can  not  receive  compensation  for  work 
in  connection  with  the  normal  institute. 

64.  The  provisions  of  this  section  require  the  entire  time  of  every 
county  superintendent  receiving  a  salary  of  over  $750. 


80  COUNTY   SUPERINTENDENT.  [CH.  9 

annual  apportionments  of  the  state  and  county  school  funds, 
and  such  other  statistical  records  as  shall  be  required  in 
making  reports  to  the  state  superintendent  of  public  instruc- 
tion. He  shall  make  out  and  transmit  to  the  state  superin- 
tendent, on  the  last  Monday  of  March,  June,  September  and 
December  of  each  year,  a  report,  showing  the  number  of 
school  visits  made,  with  the  average  length  of  time  spent  in 
such  visits;  the  number  of  consultations  held  with  school  of- 
ficers; the  number  of  days  his  office  has  been  kept  open;  the 
number  of  district  treasurers'  and  clerks'  record-books  exam- 
ined ;  the  number  of  teachers'  meetings  attended ;  the  number 
of  public  lectures  delivered;  and  such  other  information  as 
the  state  superintendent  may  require  regarding  the  duties  of 
such  county  superintendent;  and  until  such  report  shall  have 
been  forwarded  to  the  state  superintendent,  and  a  copy  thereof 
filed  with  the  county  clerk  for  publication,  and  that  fact  cer- 
tified by  the  said  county  superintendent  to  the  board  of 
county  commissioners,  the  warrant  for  his  salary  shall  not  be 
drawn.  The  county  superintendent  shall  obtain  from  the 
county  clerk,  at  least  ten  days  before  the  time  for  holding  the 
annual  school  meeting  each  year,  a  certified  statement  of  the 
total  assessed  valuation  of  the  property  in  each  school  district 
in  his  county,  and  immediately  certify  the  same  to  the  several 
school-district  clerks  of  his  county,  for  the  information  of  the 
annual  school  meeting;  and  it  is  hereby  made  the  duty  of  said 
county  clerk  to  make  out  said  certified  statement,  and  deliver 
the  same  to  the  county  superintendent.  (Laws  1881,  ch.  152, 
sec.  2.) 

SEC.  214.  Apportionment  of  School  Funds.  [7382.]  Within 
five  days  after  receiving  the  certificate  of  the  state  superin- 
tendent of  public  instruction,  informing  him  of  the  amount 
of  state  school  fund  which  has  been  apportioned  to  his  county, 
the  county  superintendent  shall  apportion  the  same,  together 
with  the  unapportioned  county  school  fund  in  the  county 
treasury,  among  the  school  districts  and  parts  of  districts  in 
such  county,  in  the  ratio  of  the  number  of  persons  of  school 
age  residing  in  each  district  or  part  of  district,  as  shown  by 
the  last  annual  reports  of  the  several  clerks  of  such  districts 
and  parts  of  districts;65  provided,  that  no  district  in  which 
a  common  school  has  not  been  taught  at  least  three  months 
the  last  preceding  school  year  shall  be  entitled  to  receive  any 
portion  of  either  of  said  funds  ;66  and  he  shall  draw  his  order 

65.  A  district  that  refuses  or  neglects  to  have  the  census  taken  accord- 
ing to  law  forfeits  its  right  to  a  share  of  the  annual  school  fund. 

66.  Seven  months  the  minimum  term  by  Laws  1911,  ch.  268,  sec.  1 
(section  264  of  this  book).     A  district  must  not  only  have  had  a  com- 
mon school  taught  at  least  three  months  during  the  school  year  ending 
June    30,    but    must    also    have    made    through    its    district    clerk    the 
requisite   annual    report   for   the    school    year   in    time   to    be    included 
in    the    annual    report    of    the    county  superintendent,    or    the    county 


CH.  9]  COUNTY   SUPERINTENDENT.  81 

on  the  county  treasurer  in  favor  of  each  of  the  several  school- 
district  treasurers  for  the  amount  apportioned  to  such  district. 
(Laws  1881,  ch.  152,  sec.  3.) 

SEC.  215.  School-district  Boundaries.  [7383.]  The  county 
superintendent  is  hereby  required  to  furnish  the  county  clerk 
with  a  description  of  the  boundary  of  each  school  district,  on 
or  before  the  last  Monday  in  May  of  each  year.  (Laws  1887, 
ch.  219,  sec.  1.) 

SEC.  216.  Shall  Furnish  Map.  The  county  superintendent 
of  public  instruction  of  the  several  counties  of  the  state  shall, 
on  or  before  March  1  of  each  year,  furnish  to  each  assessor 
within  his  county  a  map  of  the  city  or  township  of  such  asses- 
sor, showing  the  number  and  metes  and  bounds  of  every  school 
district  or  part  of  school  district  within  his  township  or  city. 
(Laws  1885,  ch.  198,  sec.  3.) 

SEC.  217.  Boundary  Lines  Reestablished.  [Laws  1911,  ch. 
274,  sec.  1.]  That  in  all  counties  in  the  state  of  Kansas  where 
the  records  of  the  boundary  lines  of  school  districts  heretofore 
established  in  the  state  have  been  lost  or  destroyed,  it  shall  be 
the  duty  of  the  superintendent  of  public  instruction  of  said 
county  to  reestablish  said  lines  as  nearly  as  possible  upon  the 
lines  theretofore  established,  and  for  this  purpose  he  may  ex- 
amine such  witnesses  as  to  him  or  the  parties  in  interest  shall 
seem  proper  and  sufficient  to  give  him  such  information  as  is 
necessary  to  carry  out  the  provisions  of  this  act. 

SEC.  218.  Boundary  Lines  Reestablished  in  Case  of  Error. 
[Laws  1911,  ch.  274,  sec.  2.]  That  in  any  county  where  the 
records  of  the  boundary  lines  of  school  districts  heretofore 
established  have  been  lost  or  destroyed,  and  an  attempt  has 
been  made  to  reestablish  said  lines,  where  it  becomes  evident  to 

superintendent  can  not  legally  apportion  to  the  district  a  share  of 
the  next  ensuing  February  and  August  dividends  of  the  state  and 
county  school  funds.  In  apportioning  these  funds,  the  county  superintend- 
ent must  be  governed  not  only  by  the  proviso  regarding  the  length  of  school 
term,  but  also  by  the  number  of  children  of  school  age  residing  in  the  sev- 
eral districts  of  the  county,  "as  the  same  shall  appear  from  the  last  annual 
reports  of  the  clerks  of  the  respective  districts"  For  purposes  of  appor- 
tionment, it  is  only  from  the  annual  report  of  a  clerk  of  a  district  that  a 
county  superintendent  can  legally  know  the  number  of  children  of  school 
age  residing  in  the  district. 

In  the  case  of  the  organization  of  a  school  district  out  of  a  part  of  the 
territory  of  another  which  is  entitled  to  a  portion  of  the  state  and  county 
school  funds,  the  newly  formed  district  should  be  apportioned  its  just  share 
of  the  funds  to  which  the  original  district  would  have  been  entitled.  If  the 
division  of  the  district  was  made  before  the  time  of  making  the  annual  re- 
port, the  report  of  the  new  district  should  show  the  number  of  children 
resident  of  the  territory  detached  from  the  old  district,  so  that  this  ap- 
portionment may  be  made  upon  official  returns.  If  the  new  district  was 
organized  after  the  time  of  making  the  annual  report,  the  officers  of  the 
former  district  should  be  directed  to  pay  to  the  treasurer  of  the  new  dis- 
trict that  portion  of  the  funds  to  which  the  children  residing  upon  the 
detached  territory  entitle  said  district. 


82  COUNTY   SUPERINTENDENT.  [CH.  9 

the  county  superintendent  that  the  attempted  reestablishment 
has  been  wrong  and  that  a  mistake  has  been  made  in  the  re- 
establishment,  the  said  superintendent  shall  have  the  same 
right  to  reestablish  said  lines  as  conferred  in  section  1  herein, 
notwithstanding  the  attempted  reestablishment  heretofore 
made. 

SEC.  219.  Annual  Report.  [7384.]  He  shall,  on  or  before 
the  15th  of  October  of  each  year,  make  out  and  transmit  in 
writing  to  the  state  superintendent  of  public  instruction  a  re- 
port bearing  date  October  1,  containing  a  statement  of  the 
number  of  school  districts67  or  parts  of  districts  in  the  county, 
and  the  number  of  children  and  their  sex,  resident  in  each 
over  the  age  of  five  and  under  the  age  of  twenty-one  years  ;68 
a  statement  of  the  number  of  district  schools  in  the  county, 
the  length  of  time  a  school  has  been  taught  in  each,  the  number 
of  scholars  attending  the  same,  their  sex,  the  branches  taught 
and  the  text-books  used,  the  number  of  teachers  employed  in 
the  same,  and  their  sex ;  a  statement  of  the  number  of  private 
or  select  schools  in  the  county,  so  far  as  the  same  can  be  ascer- 
tained, and  the  number  of  teachers  employed  in  the  same,  their 
sex,  and  the  branches  taught;  a  statement  of  the  number  of 
graded  schools  in  the  county,  the  length  of  time  school  has  been 
taught  in  each,  and  the  number  of  scholars  attending  the  same, 
their  sex,  and  the  branches  taught,  the  number  of  teachers  em- 
ployed in  the  same,  and  their  sex ;  a  statement  of  the  condition 
of  the  normal  school,  where  such  school  has  been  established, 
the  number  of  students  attending  the  same,  their  sex,  and  the 
number  of  teachers  employed  in  the  same,  and  their  sex;  a 
statement  of  the  county  normal  institute;  a  statement  of  the 
number  of  academies  and  colleges  in  the  county,  and  the  num- 
ber of  students  attending  the  same,  and  their  sex,  the  number 
of  teachers  employed  in  each,  and  their  sex ;  a  statement  of  the 
amount  of  public  money  received  in  each  district  or  parts  of 
districts,  and  what  portion  of  the  same,  if  any,  has  been  ap- 
propriated to  the  support  of  graded  schools ;  a  statement  of  the 
amount  of  money  raised  in  each  district  by  tax  and  paid  for 
teachers'  wages  in  addition  to  the  public  money  paid  therefor ; 
the  amount  of  money  raised  by  tax  or  otherwise  for  the  pur- 
pose of  purchasing  school  site,  for  building,  hiring,  purchasing, 
repairing,  furnishing  or  insuring  such  schoolhouse,  or  for  any 

67.  Joint  districts  are  reported  by  the   superintendent  under  whose 
supervision  the  districts  exist. 

68.  The  annual  reports  of  county  superintendents  constitute  the  basis 
upon  which  the  state  superintendent  disburses  the  semiannual  dividends  to 
the  several  counties.     If  any  county  superintendent,  therefore,  fails  to 
make  his  annual  report,  as  required  by  law,  the  county  loses  its  share  of 
the  state  school  fund,  and  the  county  superintendent  becomes  responsible 
to  the  county  for  the  amount. 


CH.  9]  COUNTY   SUPERINTENDENT.  8£ 

other  purpose  allowed  by  law,  in  the  district  or  parts  of  dis- 
tricts.    (Laws  1881,  ch.  152,  sec.  5.) 

SEC.  220  [and  sec.  221].  Compensation.  [Laws  1913,  ch. 
197,  sec.  5.]  The  county  superintendent  of  public  instruction 
shall  be  allowed  by  the  board  of  county  commissioners  of  their 
respective  counties,  as  full  compensation  for  all  their  services 
in  the  performance  of  the  duties  required  of  them  by  statute, 
the  following  sums  and  no  more,  to  be  paid  out  of  the  county 
treasury  in  monthly  or  quarterly  installments ;  said  compensa- 
tion shall  be  fixed  by  the  board  of  county  commissioners  at  the 
first  meeting  in  July  of  each  year,  based  on  the  enumeration  of 
the  school  enumerator  for  that  year,  and  the  salary  so  fixed  shall 
begin  on  July  first  of  that  year.  In  counties  having  a  school 
population70  of  less  than  500,  the  county  superintendent  shall 
receive  for  each  day  actually  employed  in  the  discharge  of  his 
duties  in  his  office  the  sum  of  three  dollars  per  day  for  a  number 
of  days  not  to  exceed  180  in  any  one  year.  In  counties  having  a 
school  population  of  from  500  to  1000,  he  shall  receive  the  sum 
of  three  dollars  per  day  for  a  number  of  days  not  to  exceed  200 
in  any  one  year.  In  counties  having  a  school  population  of  1000 
to  1500  he  shall  receive  the  sum  of  seven  hundred  and  fifty  dol- 
lars per  annum ;  in  counties  containing  more  than  1500  persons 
of  school  age,  exclusive  of  those  in  cities  of  the  first  and  second 
class,  he  shall  receive  eight  hundred  dollars  and  twenty  dollars 
per  annum  for  each  100  persons  of  school  age  in  excess  of  said 
1500  up  to  the  sum  of  one  thousand  two  hundred  dollars ;  pro- 
vided, that  in  "each  county,  the  county  commissioners  shall  add 
to  the  salary  hereinbefore  provided  the  sum  of  one  dollar  per 
annum  for  each  teacher  employed  in  the  county,  exclusive  of 
those  employed  in  cities  of  the  first  and  second  class ;  provided 
that  in  counties  of  50,000  to  60,000  the  salary  of  the  county 
superintendent  shall  be  eighteen  hundred  dollars,  and  in  coun- 
ties of  from  60,000  to  90,000  or  more  population  the  salary  of 
the  county  superintendent  shall  be  one  thousand  eight  hundred 
dollars  per  annum ;  provided  further,  that  if  the  county  super- 
intendent shall  fail  to  spend  at  least  two  hours  in  each  school- 
room each  school  year,  so  as  to  observe  for  at  least  two  hours, 
the  work  of  each  teacher  under  his  supervision,  the  county 
commissioners  may  deduct  from  the  last  quarterly  installment 
the  sum  of  five  dollars  for  each  delinquency.  The  county  com- 
missioners may  allow  county  superintendents  having  under 
their  jurisdiction  more  than  125  and  not  more  than  200  teach- 
ers the  sum  of  three  hundred  sixty  dollars  per  annum  for 
clerk  hire,  and  for  more  than  200  teachers,  the  sum  of  four 
hundred  dollars  per  annum  for  clerk  hire.  The  county  super- 

70.  "School  population"  is  held  to  mean  the  enumeration  taken  an- 
nually by  school-district  clerks  for  the  annual  report.  Such  enumeration 
for  each  year  should  constitute  the  basis  for  the  superintendent's  salary 
for  the  ensuing  year,  beginning  the  first  day  of  July. 


84  COUNTY   SUPERINTENDENT.  [CH.  9 

intendent  shall  be  entitled  to  all  money  actually  expended  for 
stationery,  postage,  freight  and  express.  All  money  paid  out 
of  the  county  treasury  for  this  purpose  shall  be  out  of  the  gen- 
eral fund  of  the  county.  That  the  county  superintendent  of 
the  several  counties  in  the  state  of  Kansas,  shall  receive  the 
sum  of  one  ($1.00)  dollar  per  school  per  annum,  as  traveling 
expenses  in  visiting  said  schools;  provided,  in  no  case  shall 
any  county  superintendent  receive  traveling  expenses  for 
schools  not  visited. 

SEC.  222.  Vacancy  in  Board.  [7387.]  Should  a  vacancy  oc- 
cur in  the  board  of  directors  of  any  school  district,  it  shall  be 
the  duty  of  the  county  superintendent  to  appoint  some  suit- 
able person,  a  resident  of  the  district,  to  fill  the  same,  and 
the  person  so  appointed  shall  continue,  in  office  until  the  next 
annual  meeting  thereafter,  and  until  his  successor  is  elected 
and  qualified.  (Laws  1881,  ch.  152,  sec.  7.) 

SEC.  223.  Vacancy  in  Office  of  County  Superintendent. 
[Laws  1911,  ch.  278,  sec.  1.]  That  section  7388  of  the  General 
Statutes  of  Kansas,  1909,  is  hereby  amended  to  read  as  fol- 
lows: Sec.  7388.  When  a  vacancy  occurs  in  the  office  of 
county  superintendent  of  public  instruction  by  death,  resig- 
nation or  otherwise,  notice  thereof  shall  be  given  by  the  county 
clerk  to  the  board  of  county  commissioners,  who  shall  as  soon 
as  practicable  appoint  some  suitable  person  to  fill  the  vacancy ; 
provided,  that  if  the  board  of  county  commissioners  are  unable 
to  make  such  appointment  from  the  residents  of  the  county, 
the  county  clerk  shall  notify  the  state  superintendent  of  public 
instruction,  who  shall  appoint  some  legally  qualified  person 
who  is  a  resident  of  Kansas  to  fill  the  said  vacancy,  regardless 
of  the  place  of  residence  of  such  person;  and  the  person  re- 
ceiving such  appointment  shall  before  entering  upon  the  dis- 
charge of  the  duties  of  the  office  acquire  a  residence  in  said 
county  by  removing  thereto,  and  shall  file  his  oath  or  affirma- 
tion and  bond  in  the  county  clerk's  office  as  provided  by  law, 
and  shall  hold  his  office  until  his  successor  is  elected  and 
qualified. 

SEC.  224.  Clerks'  Reports.  [7389.]  He  shall  see  that  the 
annual  reports  of  the  clerks  of  the  several  school  districts  and 
parts  of  districts  in  his  county  are  made  correctly  and  m  due 
time.  (Laws  1881,  ch.  152,  sec.  9.) 

SEC.  225.  Oaths.  [7390.]  County  superintendents  shall 
have  power  to  administer  oaths  in  all  cases  in  which  an  oath 
is  made  necessary  by  any  provision  of  the  school  law,  except 
in  the  qualifying  of  county  superintendents  and  their  sureties. 
(Laws  1881,  ch.  152,  sec.  10.) 

SEC.  226.  Purchase  of  Records.  [7391.]  The  county  super- 
intendent of  public  instruction  of  the  respective  counties  in 
this  state  may  purchase,  for  each  organized  school  district  in 


OH.  9]  COUNTY   SUPERINTENDENT.  85 

his  county  not  having  sufficient  records,  one  set  of  school-dis- 
trict records,  consisting  of  district  clerk's  records  and  order- 
books,  district  treasurer's  book,  and  a  teacher's  daily  register. 
Each  of  said  books  shall  contain  such  printed  forms  and  in- 
structions as  will  enable  the  teacher  and  the  school-district 
officers  to  perform  with  correctness  and  accuracy  their^several 
duties  as  required  by  law;  provided,  the  entire  set  of  said 
records  as  above  enumerated  shall  not  exceed  in  cost  four  dol- 
lars for  each  set ;  and  the  said  superintendent  shall  draw  his 
order  or  warrant  on  the  county  treasurer  in  favor  of  the  per- 
son he  purchases  said  books  of,  for  the  amount  of  the  pur- 
chase-money, and  it  is  hereby  made.the  duty  of  said  county 
treasurer  to  pay  said  warrant  or  order  out  of  any  money  in 
his  hands  belonging  to  the  respective  districts  in  his  county; 
provided,  that  no  funds  in  the  hands  of  the  county  treasurer 
belonging  to  the  several  school  districts  in  his  county  shall 
be  diverted  from  the  object  for  which  said  fund  was  raised; 
and  the  said  superintendent  shall  deliver  the  said  books  to  the 
district  board  of  each  district.  (Laws  1881,  ch.  152,  sec.  11.) 
SEC.  227.  Forming  and  Changing  Districts.11  [7392.]  It 
shall  be  the  duty  of  the  county  superintendent  of  public  in- 
struction to  divide  the  county  into  a  convenient  number 
of  school  districts,  and  to  change  such  districts  when  the 
interests  of  the  inhabitants  thereof  require  it,72  but  only 
after  twenty  days'  notice  thereof,  by  written  notices  posted 
in  at  least  five  public  places  in  the  district  to  be  changed; 
but  no  new  school  district  shall  be  formed  containing 
less  than  fifteen  persons  of  school  age,  no  district  shall 
be  so  changed  as  to  reduce  its  school  population  to  less 
than  fifteen,  and  none  having  a  bonded  indebtedness  shall  be 
so  reduced  in  territory  that  such  indebtedness  shall  exceed 
five  per  cent  of  their  assessed  property  valuation;73  provided, 
that  any  person  interested  may  appeal  to  the  board  of  county 
commissioners  from  the  action  of  the  county  superintendent; 
and  provided  further,  that  the  restrictions  as  to  school  popu- 
lation and  assessed  valuations  of  this  section  shall  not  pre- 
vent desirable  changes  in  school-district  boundaries  when  the 

71.  The  fact  that  the  district  boundary  has  been  changed  by  legis- 
lative act  or  a  district  disorganized  by  legislative  act  in  no  respect  modi- 
fies the  power  of  the  county  superintendent  as  conferred  by  this  section. 

72.  It  is  very  desirable  that  the  people  concerned  should  be  consulted, 
and  the  arguments  on  both  sides  carefully  considered,  before  making  im- 
portant changes.    After  a  district  has  issued  bonds  to  build  or  purchase  a 
schoolhouse,  alterations  should  be  discouraged  until  the  bonds  are  paid, 
except  in  cases  where  imperative  necessity  demands  a  change.    The  object 
should  be  to  establish  strong  and  permanent  districts. 

73.  See  section  270  for  the  valuation  required  in  the  formation  of  new 
districts  and  the  alteration  of  district  boundaries.     The  territory  com- 
prising a  school  district  at  any  particular  time  is  the  territory  at  that 
time  liable  for  the  bonds  of  such  district. 


86  COUNTY   SUPERINTENDENT.  [CH.  9 

proposed  alteration  of  boundaries  is  approved  by  the  board  of 
county  commissioners.  The  county  superintendent  shall  num- 
ber school  districts  when  they  are  formed;  and  he  shall  keep 
in  a  book  for  that  purpose  a  description  of  the  boundaries  of 
each  school  district  and  part  of  district  in  his  county,  with 
plat  of  the  same,  date  of  organization,  date  and  full  record  of 
all  changes  of  boundaries,  and  a  list  of  district  officers  in  his 
county,  the  date  of  election  or  appointment,  and  the  time  the 
term  of  each  is  to  expire.  (Laws  1907,  ch.  329,  sec.  1.) 

SEC.  228.  School  Districts  Within  an  Indian  Reservation. 
[Laws  1913,  ch.  282,  sec.  1.]  That  the  county  superintendent 
of  any  county  in  which  there  is  an  Indian  reservation  may, 
under  the  procedure  prescribed  by  law  for  the  organization 
of  other  school  districts,  erect  any  number  of  school  districts 
lying  wholly  or  partly  within  such  Indian  reservation,  and 
the  ordinary  limitations  of  assessed  valuation  of  property 
within  such  district  shall  not  prevent  the  organization  of  any 
such  district ;  provided,  that  any  such  district  which  it  is  pro- 
posed to  organize  has  an  aggregate  of  sixty  thousand  dollars' 
worth  of  real  and  personal  property,  subject  to  taxation. 

SEC.  229.  Aggrieved  Persons.  [7401.]  If  in  the  formation 
or  alteration  of,  or  refusal  to  form  or  alter  school  districts, 
any  person  or  persons  shall  feel  aggrieved,  such  person  or  per- 
sons may  appeal  to  the  board  of  county  commissioners,  who 
shall  confer  with  the  county  superintendent,  and  their  action 
shall  be  final;  provided,  that  notice  of  such  appeal74  shall  be 
served  on  the  county  superintendent  within  ten  days  of  the 
time  of  posting  of  the  notices  of  the  formation  or  alteration  of 
such  district;  such  notice  shall  be  in  writing,  and  shall  state 
fully  the  objections  to  the  action  of  the  county  superintendent, 
a  copy  of  which  shall  be  filed  with  the  county  clerk,  and  also 
with  the  clerks  of  all  districts  affected  by  such  alteration ;  and 
provided  also,  that  such  appeal  shall  be  heard  and  decided  by 
the  majority  of  the  board  of  county  commissioners  at  their 
next  regular  meeting;  and  if  such  appeal  is  not  sustained  by 
them,  the  county  superintendent  shall  proceed  to  appoint 
the  time  and  place  for  said  first  district  meeting,  which  shall 
then  proceed  as  by  law  required.  (Laws  1876,  ch.  122,  art.  3, 
sec.  5.) 

SEC.  230.  Notice  of  First  Meeting.  [7393.]  Whenever  a 
school  district  shall  be  formed  in  any  county,  the  county 
superintendent  of  public  instruction  of  such  county  shall, 
within  fifteen  days  thereafter,  prepare  a  notice  of  the  forma- 
tion of  such  district,  describing  its  boundaries,  and  stating  the 
number  thereof.  He  shall  cause  the  notices  thus  prepared  to 
be  posted  in  at  least  five  public  places  in  the  district,  and,  in 

74.  No  appeal  can  be  made  to  the  county  commissioners  unless  the 
county  superintendent  posts  notices  of  the  formation  or  alteration  of  a 
school  district. 


CH.  9]  COUNTY   SUPERINTENDENT.  87 

case  there  shall  be  no  appeal,  shall  in  ten  days  thereafter  in 
like  manner  appoint  a  time  and  place  for  a  special  district 
meeting,  for  the  election  of  officers  and  the  transaction  of  such 
business  as  is  prescribed  by  law  for  special  school-district 
meeting.  (Laws  1881,  ch.  152,  sec.  13.) 

SEC.  231.  Division  of  Property.  [7400.]  When  a  new  dis- 
trict is  formed,  in  whole  or  in  part,  from  one  or  more  districts 
possessing  a  schoolhouse  or  entitled  to  other  property,  such 
new  district  shall  be  formed  only  between  April  1  and  Septem- 
ber 1  of  the  same  year,  and  the  county  superintendent  shall 
determine  the  value  of  the  school  property  of  the  school  dis- 
trict, including  taxes  due,  and  deducting  all  indebtedness 
except  bonded  indebtedness.  There  shall  be  due  to  the  new 
district75  from  the  old  district  the  proportion  of  the  value  of 

FIRST   RULE. 

To  be  applied  in  dividing  school  property  which  has  been  procured  with 
the  proceeds  of  district  taxe&:  (1)  Find  the  assessed  valuation  of  the 
taxable  property  of  the  undivided  district,  as  returned  on  the  last  assess- 
ment roll  of  the  county.  (2)  Find,  in  like  manner,  the  assessed  valuation 
of  the  taxable  property  of  the  territory  which  is  to  be  cut  off,  and  which 
does  not  retain  the  school  property.  (3)  Find  the  present  value  of  the 
school  property  of  the  undivided  district,  including  moneys  raised  from 
district  taxes  and  remaining  in  the  treasury  at  the  time  the  division  is 
made,  after  discharging  all  indebtedness  except  bonded  indebtedness. 
(4)  Multiply  the  present  value  of  the  school  property  by  the  assessed 
valuation  of  the  territory  which  is  to  be  cut  off.  That  product,  divided 
by  the  assessed  valuation  of  the  undivided  district,  gives  the  amount  due 
to  the  territory  which  is  to  be  cut  off. 

SECOND  RULE. 

To  be  applied  in  dividing  such  school  property  as  consists  of  moneys 
received  by  the  undivided  district  from  the  state  and  county  school  funds: 

(1)  Find  the  number  of  children  of  school  age  residing  in  the  undivided 
district,  as  given  in  the  last  annual  report  of  the  clerk  of  the  district. 

(2)  Find,  in  like  manner,  the  number  of  children  of  school  age  residing 
in  the  territory  which  is  to  be  cut  off,  and  which  does  not  retain  the  school 
property.    (3)  Find  the  amount  of  state  and  county  school  money  remain- 
ing in  the  treasury  of  the  undivided  district  at  the  time  the  division  is 
made,    after   discharging   all    indebtedness    except   bonded    indebtedness. 
(4)  Multiply  the  residue  of  state  and  county  school  moneys  by  the  number 
of  children  residing  in  the  territory  which  is  to  be  cut  off.    That  product, 
divided  by  the  number  of  children  of  school  age  residing  in  the  undivided 
district,  gives  the  amount  of  state  and  county  school  moneys  due  to  the 
territory  which  is  to  be  cut  off. 

The  same  principle  of  division  of  property  is  to  be  followed  in  case  the 
new  district  is  formed  from  parts  of  two  or  more  districts. 

The  county  superintendent  of  public  instruction  should  make  the 
division  of  school  property  at  the  time  of  forming  a  new  school  district, 
but  his  failure  to  do  so  at  the  time  does  not  impair  the  rights  of  said 
district. 

the  school  property  that  the  assessed  valuation  of  property  of 
the  new  district  bears  to  the  assessed  valuation  of  the  property 
of  the  old  district.  The  county  superintendent  shall  certify  to 

75.  For  the  division  of  school  property  under  the  provisions  of  this 
section,  the  following  rules  are  recommended,  viz.: 


88  COUNTY   SUPERINTENDENT.  [CH.  9 

the  county  clerk  the  proper  tax  levy  against  the  taxable  prop- 
erty of  the  old  district  to  pay  the  amount  due  the  new  district. 
(Laws  1909,  ch.  207,  sec.  1.) 

SEC.  "232.  Depopulated  District.  [7414.]  That  when  a 
school  district  having  a  floating  indebtedness,  consisting  of 
outstanding  school  orders,  is  now  or  shall  hereafter  become 
depopulated,  it  shall  be  the  duty  of  the  county  commissioners, 
on  information  furnished  by  the  county  superintendent,  to 
provide  for  the  payment  of  such  outstanding  indebtedness  by 
making  a  levy  of  taxes  therefor  upon  the  property  of  such 
depopulated  district,  which  shall  be  extended  by  the  county 
clerk  on  the  tax-roll  the  same  as  other  taxes;  provided,  that 
no  levy  shall  exceed  twenty  mills76  on  the  dollar  in  any  one 
year.  (Laws  of  1893,  ch.  135,  sec.  1.) 

SEC.  233.  County  Treasurer  Shall  Pay.  [7415.]  That  the 
county  treasurer  shall  pay  all  school  orders  mentioned  in  the 
preceding  section  out  of  any  funds  standing  to  the  credit  of 
the  school  district  on  which  said  school  orders  are  drawn; 
provided,  that  the  county  superintendent's  order  for  the  pay- 
ment of  the  same  shall  be  attached  to  such  school  order.  (Laws 
1893,  ch.  135,  sec.  2.) 

SEC.  234.  County  Superintendent  May  Disorganize.  [7416.] 
That  the  county  superintendent  may,  in  his  discretion,  after 
all  indebtedness77  has  been  fully  paid  and  canceled,  declare 
such  depopulated  school  district  disorganized,  and  attach  the 
territory  belonging  thereto  to  adjoining  school  districts. 
(Laws  1893,  ch.  135,  sec.  3.) 

SEC.  235.  When  Depopulated.  [7417.]  The  term  "depopu- 
lated school  district"  as  used  in  this  act  shall  be  held  to  mean 
a  school  district  having  fewer  than  five  legal  voters  therein 
and  fewer  than  seven  persons  between  the  ages  of  five  and 
twenty-one  years;  such  fact  to  be  determined  by  the  county 
superintendent.  It  shall  be  the  duty  of  the  county  superin- 
tendent, upon  the  filing  of  a  written  request  by  the  holder  of 
an  outstanding  school  order,  to  make  an  investigation  of  the 
school  district  issuing  such  order,  and  report  to  the  board  of 
county  commissioners  the  facts  as  to  the  population  as  afore- 
said; and  such  report  shall  be  conclusive  on  that  question. 
(Laws  1907,  ch.  322,  sec.  1.) 

SEC.  236.  Superintendent  May  Disorganize  Partially  De- 
populated Districts.  [7418.]  That  the  superintendent  of  pub- 
lic instruction  in  any  county  is  hereby  empowered  to  disorgan- 
ize partially  depopulated  school  districts  in  his  county;  or  in 
counties  where  joint  school  districts  exist,  the  superintendent 
having  jurisdiction  over  the  major  portion  of  said  school  dis- 

76.  Four  mills.    Changed  by  Laws  1909,  ch.  245,  sec.  25   (section  474 
of  this  book) . 

77.  Does  not  refer  to  bonded  indebtedness. 


CH.  9]  COUNTY   SUPERINTENDENT.  89 

tricts  shall  have  full  power  to  act,  and  the  officers  in  said 
county  shall  have  full  control  to  levy  tax,  and  certify  the  same 
to  the  proper  officers  out  of  said  county  having  taxable  prop- 
erty in  said  joint  school  district,  who  shall  place  the  same  on 
the  tax-rolls  of  their  respective  counties,  and  collect  the  same 
as  other  school  tax  levied  in  their  respective  counties,  and 
when  collected  they  shall  pay  the  same  to  the  proper  officers 
of  said  county  in  which  said  major  portion  is  located,  taking  a 
receipt  therefor,  and  the  county  treasurer  and  county  superin- 
tendent shall  proceed  to  disburse  said  funds  so  collected  the 
same  as  in  section  778  of  this  act.  (Laws  1901,  ch.  307,  sec.  1.) 

SEC.  237.  Partially  Depopulated  District;  Definition. 
[7419.]  For  the  purposes  of  this  act,  a  school  district  shall 
be  deemed  partially  depopulated  when  the  number  of  persons 
resident  thereof  over  the  age  of  five  years  and  under  the  age 
of  twenty-one  years  shall  be  less  than  twelve.  (Laws  1907, 
ch.  323,  sec.  1.) 

SEC.  238.  Petition.  [7420.]  That  such  action  shall  not  be 
taken  by  the  county  superintendent  of  any  such  county  unless 
there  shall  be  presented  to  him  a  petition  signed  by  two-thirds 
of  the  bona  fide  residents  of  such  school  district  having  the 
qualifications  of  school-district  electors,  and  who  have  resided 
continuously  for  one  year  in  said  school  district,  requesting 
such  disorganization ;  provided,  that  such  disorganization  shall 
not  be  final  until  approved  by  the  board  of  county  commis- 
sioners of  the  county  in  which  the  disorganized  school  dis- 
trict is  situated ;  and  provided  further,  that  in  any  such  school 
districts  where  the  whole  number  of  district  electors  shall  be 
less  than  six,  and  the  number  of  residents  of  such  district 
over  the  age  of  five  years  and  under  the  age  of  twenty-one 
years  shall  be  less  than  five,  the  county  superintendent  shall 
act  without  petition,  when  so  directed  by  the  board  of  county 
commissioners  of  such  county.  (Laws  1901,  ch.  307,  sec.  3.) 

SEC.  239.  County  Superintendent  May  Attach.  [7421.] 
The  county  superintendent  may  attach  the  territory  of  any 
school  district  disorganized  under  the  provisions  of  this  act  to 
any  adjacent  school  district  or  school  districts,  but  such  attach- 
ment shall  not  become  effective  until  approved  by  the  board  of 
county  commissioners.  (Laws  1901,  ch.  307,  sec.  4.) 

NOTE. — See  section  33  of  this  book  for  disposition  of  bonded  indebted- 
ness of  disorganized  school  districts. 

SEC.  240.  Floating  Indebtedness.  [7423.]  That  if  any 
school  district  so  disorganized  shall  at  the  time  of  its  disorgani- 
zation have  a  floating  indebtedness  consisting  of  outstanding 
school  orders,  it  shall  be  the  duty  of  the  county  commissioners 
of  the  county,  on  information  furnished  by  the  county  superin- 
tendent, to  provide  for  the  payment  of  such  outstanding  in- 

78.    See  section  241  of  this  book. 


90  COUNTY   SUPERINTENDENT.  [CH.  9 

debtedness  by  making  a  levy  of  taxes  therefor  upon  all  the  real 
and  personal  property  in  the  territory  of  the  disorganized 
school  district,  which  tax  shall  be  entered  by  the  clerk  of  the 
county  on  the  tax-roll  the  same  as  other  taxes ;  provided,  that 
no  such  levy  shall  exceed  ten  mills79  on  the  dollar  of  the  as- 
sessed valuation  in  any  one  year.  (Laws  1901,  ch.  307,  sec.  6.) 

SEC.  241.  Orders  Paid  by  County  Treasurer.  [7424.]  That 
the  county  treasurer  shall  pay  all  school  orders  mentioned  in 
the  preceding  section  out  of  any  fund  collected  from  the  school 
taxes  created  by  the  special  levy  provided  for  in  section  6  of 
this  act;80  provided,  that  no  such  school  order  shall  be  paid 
unless  accompanied  by  an  order  from  the  county  superin- 
tendent directing  its  payment.  (Laws  1901,  ch.  307,  sec.  7.) 

SEC.  242.  Disposition  of  Funds.  [7425.]  If  at  the  time  of 
the  disorganization  of  any  school  district  as  herein  provided 
for  such  district  shall  have  in  the  hands  of  its  treasurer  or  of 
the  county  treasurer  of  the  county  moneys  belonging  to  it,  or 
any  unpaid  taxes  levied  for  the  payment  of  its  indebtedness, 
bonded  or  floating,  such  money  shall  be  first  applied  to  its 
indebtedness,  floating  or  bonded;  and  if  any  money  remain 
thereafter,  then  such  money  shall  be  distributed  among  the 
school  districts  to  which  such  territory  shall  be  attached,  in 
such  manner  and  amount  as  shall  be  directed  by  the  county 
superintendent,  who  shall  include  in  the  order  for  the  disor- 
ganization of  such  district  an  order  for  the  distribution  of  its 
moneys  as  herein  provided.  (Laws  1901,  ch.  307,  sec.  8.) 

SEC.  243.  Disposition  of  Property.  [7426.]  The  buildings 
and  other  property  which  may  belong  to  any  school  district 
which  may  be  hereafter  disorganized  shall  be  sold  by  the 
county  superintendent  to  the  highest  bidder  for  cash  in  hand, 
after  haying  given  thirty  days'  public  notice  thereof  by  pub- 
lication in  a  newspaper  published  in  said  county  and  by  post- 
ing not  less  than  five  written  or  printed  notices  in  conspicuous 
places  in  said  district.  The  proceeds  of  said  sale  shall  be  de- 
posited with  the  county  treasurer  of  said  county  and  shall  be 
applied  to  the  payment  of  debts  of  said  school  district,  giving 
the  preference  to  floating  debts,  if  there  be  any.  If  there  be 
no  debts,  or  if  there  be  any  proceeds  left  after  the  payment 
of  debts,  said  proceeds  shall  be  turned  into  the  county  school 
fund  for  the  use  and  benefit  of  the  school  district  to  which 
said  disorganized  territory  is  attached;  provided,  that  the 
school  district  to  which  said  territory  is  attached  may  bid  for 
and  purchase  said  property  and  pay  for  same  out  of  general 
fund.  (Laws  1901,  ch.  307,  sec.  9.) 

SEC.  244.    Territory  Not  Liable.     [7427.]     The  territory  of 

79.  Two  and  one-half  mills.     Changed  by  Laws  1909,  ch.  245,  sec.  25 
(section  474  of  this  book). 

80.  Section  240  of  this  book. 


CH.  9]  COUNTY  SUPERINTENDENT.  91 

any  school  district  so  disorganized  shall  not  be  liable  for  any 
debt,  floating  or  bonded,  or  any  contract  of  any  district  to 
which  it  may  be  attached  existing  at  the  time  of  such  attach- 
ment. (Laws  1901,  ch.  307,  sec.  10.) 

SEC.  245.  Annexation  of  School  Districts.  [7440.]  When- 
ever any  school  district  within  this  state  shall  fail  or  neglect 
to  maintain  a  school  for  at  least  three  months  in  one  year,  for 
a  consecutive  term  of  three  years,  such  school  district  shall  be 
annexed  to  adjoining  districts;  provided,  that  this  act  shall 
not  aply  to  districts  that  have  made  proper  levies  for  the 
tuition  and  transportation  of  its  pupils  to  other  schools.  (Laws 
1909,  ch.  206,  sec.  1.) 

SEC.  246.  Division  of  Districts  Annexed.  [7441.]  For  the 
purpose  of  carrying  out  this  act  it  shall  be  the  duty  of  the 
county  superintendent  to  divide  such  districts  in  such  a  man- 
ner as  to  equalize  as  nearly  as  practicable  the  territory  in  area 
and  taxable  property.  (Laws  1909,  ch.  206,  sec.  2.) 

SEC.  247.  Other  Duties;  Deputy.  [7394.]  He  shall  dis- 
charge such  other  duties  as  may  be  prescribed  by  law,  and  in 
case  of  sickness  or  temporary  absence  he  may  employ  a  deputy. 
He  shall  deliver  to  his  successor,  within  ten  days  after  the  ex- 
piration of  his  term  of  office,  all  books  and  papers  appertain- 
ing to  his  office.  (Laws  1881,  ch.  152,  sec.  14.) 

SEC.  248.  Neglect  or  Refusal  to  Perform  Duty.  [7395.] 
Every  county  superintendent  who  shall  neglect  or  refuse  to 
perform  any  act  which  it  is  his  duty  to  perform,  or  shall  cor- 
ruptly or  oppressively  perform  any  such  duty,  he  shall  forfeit 
his  office,  and  shall  be  liable  on  his  official  bond  for  all  dam- 
ages occasioned  thereby,  to  be  recovered  in  the  name  of  the 
state  for  the  benefit  of  the  proper  party,  district,  or  county. 
(Laws  1881,  ch.  152,  sec.  15.) 

SEC.  249.  Agent  of  State  Orphans'  Home.81  [8526.]  The 
superintendents  of  public  instruction  in  the  several  counties 
of  the  state  are  hereby  designated  as  the  agents  of  the  Soldiers'82 
Orphans'  Home  in  their  respective  counties.  It  shall  be  the 
duty  of  said  agents  to  visit  the  children  who  are  placed  in 
homes  in  their  respective  counties  twice  each  year,  and  at  such 
other  times  as  the  superintendent  of  the  home  may  request; 
and  they  shall  make  written  reports  of  the  condition  of  each 
child  visited,  upon  blanks  to  be  provided  by  the  board  of 
trustees  for  that  purpose,  and  forward  the  same  to  the  super- 
intendent of  the  home,  who  shall  record  and  file  the  same  in  a 
proper  manner.  Said  agents  shall  receive,  as  full  compensation 
for  the  services  performed  under  the  provisions  of  this  act, 

81.  This  section  is  probably  repealed  by  implication  by  the  following 
laws:    Sections  44,  45  and  46,  chapter  353,  Laws  of  1901;  section  6,* chap- 
ter 482,  Laws  of  1903;  section  13,  chapter  475,  Laws  of  1905. 

82.  The  name  was  changed  to  "State  Orphans'  Home"  in  1909. 


92  COUNTY   SUPERINTENDENT.  [CH.  9 

their  actual  necessary  offkial  expenses,  together  with  the  sum 
of  three  dollars,  in  full  for  all  services  and  report  of  each  case 
visited,  but  not  exceeding  three  dollars  for  any  day's  services. 
All  accounts  for  such  services  shall  be  rendered  to  the  super- 
intendent of  said  home,  and  shall  be  verified,  audited  and  paid 
in  the  same  manner  as  other  accounts  against  said  home  are 
paid.  (Laws  1889,  ch.  236,  sec.  6.) 

SEC.  250.  Unlawful  for  County  Superintendent  to  Purchase 
School  Lands.  [7671.]  It  shall  be  unlawful  for  the  county 
superintendent  appointing  the  appraisers,  or  the  persons  ap- 
praising the  lands,  to  purchase,  either  directly  or  indirectly, 
any  portion  of  the  lands  appraised  by  them.  (Laws  1876,  ch. 
122,  art.  14,  sec.  18.) 

SEC.  251.  Trespassers  on  School  Lands.  [7679.]  It  shall  be 
the  duty  of  the  county  superintendent  of  public  instruction,  the 
district  directors,  clerks  and  treasurers,  and  all  sheriffs  and 
constables,  to  take  notice  of  all  trespasses  committed  on  school- 
lands  in  their  respective  counties,  and  immediately  file  a  com- 
plaint against  any  person  violating  this  act,  before  the  proper 
authorities.  (Laws  1876,  ch.  122,  art.  14,  sec.  30.) 


CH.  10] 


SCHOOL  DISTRICTS. 


CHAPTER  X.— DISTRICTS. 
ARTICLE  I.— SCHOOL  DISTRICTS. 


§270.    Restrictions    on    the    formation    of 
new  districts. 

271.  Appropriation. 

272.  Auditor  to  draw  warrants. 

273.  Pupils    sent    to    adjacent    districts; 

compensation. 

274.  District  may  send  children  to  other 

schools;  expenses. 

275.  May    send    children    to    more    con- 

venient school;  privilege  of  prop- 
erty owner. 

276.  Compensation     for     conveyance     of 

pupils. 

277.  District    board    may    provide    trans- 

portation. 

278.  Schoolhouse  site  may  be  changed. 

279.  Value    of    schoolhouse,    how    deter- 

mined. 

280.  Schoolhouse  site  may  be  condemned, 

when  and  how. 

281.  Schoolhouse      site      acquired      from 

school  lands. 

282.  Territory    annexed    to    city    by    ex- 

tension of  limits. 

283.  Duty  of  county  superintendent. 

284.  Appeal  to  commissioners. 


§252.    Shall  be  deemed  organized,  when. 

253.  Shall  be  a  body  corporate. 

254.  Joint  districts,  how  formed. 

255.  Joint-district  fund. 

256.  Annual  meeting,  when  held;  notice: 

special  meetings. 

257.  When    business    of    annual    meeting 

may  be  transacted  at  special  meet- 
ing; when  and  how  called. 

258.  Notice  of  district  meetings. 

259.  Who  may  vote  at  district  meetings. 

260.  How    to    proceed    when    a    voter    is 

challenged. 

261.  Powers  of  district  meetings. 

262.  Limitation  of  levy. 

263.  District     meetings     may     determine 

length  of  school  term,  etc.;   when 
board  may  determine  the  same. 

264.  Minimum  term. 

265.  State  and  county  aid. 

266.  Duties  of  county  superintendent  and 

county  commissioners. 

267.  Duties     of     county     superintendent, 

state     superintendent     and     state 
treasurer. 

268.  Amount  apportioned  to  each  district. 

269.  County    superintendent    to    provide 

school,  when ;  penalty. 

SECTION  252.  When  Organized.  [7396.]  Every  school  dis- 
trict shall  be  deemed  duly  organized  when  the  officers  constitut- 
ing the  district  board  shall  have  been  elected  and  qualified,  and 
shall  have  signified  their  acceptance  to  the  county  superin- 
tendent in  writing,  which  the  superintendent  shall  file  in  his 
office.83  (Laws  1876,  ch.  122,  art.  3,  sec.  1.) 

SEC.  253.  Body  Corporate.  [7397.]  Every  school  district 
organized  in  pursuance  of  this  act  shall  be  a  body  corporate, 
and  shall  possess  the  usual  powers  of  a  corporation  for  public 
purposes,  by  the  name  and  style  of  school  district  No.  - 
(such  a  number  as  may  be  designated  by  the  county  super- 
intendent) , county  (the  name  of  the  county  in  which  the 

district  is  situated),  state  of  Kansas,  and  in  that  name  may 
sue  and  be  sued,  and  be  capable  of  contracting  and  being  con- 
tracted with,  and  holding  such  real  and  personal  estate  as  it 
may  come  into  possession  of  by  will  or  otherwise,  or  as  is 
authorized  to  be  purchased  by  the  provisions  of  this  act. 
(Laws  1876,  ch.  122,  art.  3,  sec.  2.) 

SEC.  254.  Joint  Districts.  [7398.]  When  it  shall  become 
necessary  to  form  a  school  district  lying  partly  in  two  or 
more  counties,  the  county  superintendents  of  the  counties  in 
which  the  said  tract  of  country  shall  be  situated,  when  applica- 
tion shall  be  made  in  writing  to  any  one  of  them  by  five  house- 

83.  Officers  elected  at  the  first  district  meeting  hold  only  until  the 
next  annual  election. 


94  SCHOOL  DISTRICTS.  [CH.  10 

holders  resident  therein,  shall,  if  by  them  deemed  necessary, 
meet  and  proceed  to  lay  off  and  form  the  same  into  a  school 
district,  issue  notices  for  the  first  district  meeting,  and  shall 
file  the  proper  papers  in  their  respective  offices ;  and  such  dis- 
trict so  organized  shall  be  designated  joint  district  No.  — , 

counties  of ;  and  the  boundaries  of  such  district  shall  not 

be  altered  except  by  the  joint  action  of  the  superintendents  of 
the  several  counties  represented  in  said  district;84  provided, 
that  if  in  the  alteration  of  or  refusal  to  alter  the  boundaries  of 
any  joint  school  district,  any  person  or  persons  shall  feel  ag- 
grieved, such  person  or  persons  may  appeal  to  the  state  super- 
intendent of  public  instruction,84  and  notice  of  such  appeal 
shall  be  served  on  the  superintendents  of  the  several  counties 
represented  in  said  district  within  ten  days  after  the  rendition 
by  them  of  the  decision  appealed  from,  which  notice  shall  be  in 
writing,  and  shall  state  fully  the  objections  to  the  action  of 
the  county  superintendent,  and  a  copy  thereof  shall  be  filed 
with  the  state  superintendent  of  public  instruction;  and  it 
shall  be  the  duty  of  the  county  superintendent  in  whose  pos- 
session are  the  papers  connected  with  the  action  appealed  from 
to  transmit  the  same  to  the  state  superintendent  of  public  in- 
struction, immediately  upon  being  served  with  notice  of  appeal, 
as  hereinbefore  presented ;  and  thereupon  the  state  superintend- 
ent of  public  instruction  shall  fix  a  time  for  the  hearing  of  said 
appeal,  and  notify  the  several  county  superintendents  in- 
terested, and  the  appellants,  thereof;  and  his  decision  on  said 
appeal  shall  be  final,  and  shall  be  by  him  certified  to  the  several 
county  superintendents  interested,  and  they  shall  take  action 
in  accordance  therewith;  and  provided  further,  that  each  joint 
district,  except  in  matters  relating  to  the  alteration  of  the 
boundaries  thereof,  shall  be  under  the  jurisdiction  and  control 
of  the  superintendent  of  that  one  of  the  counties  represented 
in  such  district  which  has  the  largest  amount  of  territory  em- 
braced within  the  boundaries  of  such  joint  district.  (Laws 
1879,  ch.  158,  sec.  1.) 

SEC.  255.  Joint-district  Fund.  [7399.]  Whenever  it  shall 
appear  that  any  school  district  in  this  state  lies  or  is  in  two 
or  more  counties  it  shall  be  the  duty  of  the  treasurer  of  the 
county  or  counties  having  the  smaller  amount  of  territory  in 
said  district  to  transfer  to  the  treasurer  of  the  county  having 
the  greater  amount  of  territory  of  said  district,  before  the  10th 
day  of  January,  1st  day  of  July  and  20th  day  of  September 
of  each  year,  all  moneys  in  his  hands  belonging  to  said  dis- 

84.  Division  of  Joint  District.  A  joint  district  can  not  be  divided  on 
the  county  line,  thus  forming  two  districts,  one  in  each  county.  Such 
action  would  involve  the  disorganization  of  a  joint  school  district,  which 
a  county  superintendent  is  not  authorized  to  do,  except  in  special  cases 
provided  for  by  law.  There  is  no  appeal  in  the  formation  or  refusal  to 
form  a  joint  district 


CH.  10]  SCHOOL  DISTRICTS.  95 

trict,  including  all  money  for  the  payment  of  bonds  or  inter- 
est on  bonds  of  said  district;  and  the  treasurer  receiving  said 
money  shall  issue  therefor  and  forward  to  the  treasurer  so 
sending  the  money  receipts  in  triplicate,  one  of  which  said 
treasurer  shall  file  with  the  county  clerk  of  the  county,  and 
the  board  of  county  commissioners  thereof  shall  give  said 
treasurer  proper  credit  therefor.  One  of  said  receipts  shall 
be  sent  to  the  county  clerk  of  the  county  to  which  the  money 
was  sent,  who  shall  charge  the  county  treasurer  with  the 
amount  thereof.  (Laws  1889,  ch.  226,  sec.  1.) 

SEC.  256.  Anmial  and  Special  Meetings.  [Laws  1911,  ch. 
283,  sec.  1.]  That  an  annual  school  meeting  of  each  school  dis- 
trict, of  each  consolidated  school  district,  of  each  union  or 
graded  school  district,  and  of  each  school  district  for  which 
the  date  of  the  annual  meeting  has  been  fixed  by  a  special  act 
of  the  legislature,  shall  be  held  on  the  second  Friday  in  April 
in  each  year,  at  two  o'clock  P.  M.  Notice  of  the  time  and  place 
of  said  annual  meeting  shall  be  given  by  the  clerk  by  posting 
written  or  printed  notices  in  three  public  places  within  the 
district  at  least  ten  days  before  said  meeting.85  Special  meet- 
ings may  be  called  by  the  district  board  or  upon  a  petition 
signed  by  ten  legal  voters  of  the  district,  but  notice  of  such 
special  meeting,  stating  the  purpose  for  which  it  is  called, 
shall  be  posted  in  at  least  three  public  places  within  such  dis- 
trict ten  days  previous  to  the  time  of  such  meeting ;  provided, 
that  the  annual  school  meeting  for  union  or  graded  school 
districts  comprising  the  territory  of  two  or  more  school  dis- 
tricts shall  be  held  at  two  o'clock  P.  M.  on  the  Thursday  im- 
mediately preceding  the  second  Friday  in  April  in  each  year. 

SEC.  257.  Special  Meetings.  [7403.]  Whenever  the  time 
for  holding  an  annual  meeting  in  any  district  shall  pass  with- 
out said  meeting  being  held,  the  clerk,  or,  in  his  absence,  any 
other  member  of  the  district  board,  within  twenty  days  after 
the  time  for  holding  said  annual  meeting  shall  have  passed, 
may  give  notice  of  a  special  meeting,  by  putting  up  written 
notices86  thereof  in  three  public  places  within  the  district,  at 
least  five  days  previous  to  the  time  of  meeting;  but  if  such 
meeting  shall  not  be  notified  within  twenty  days  as  afore- 
said, the  county  superintendent  may  give  notice  of  such  meet- 
ing in  the  manner  provided  for  forming  new  districts;  and 
the  officers  chosen  at  such  special  meeting  shall  hold  their 
offices  until  the  next  annual  meeting,  and  until  their  succes- 
sors are  elected  and  qualified.  (Laws  1876,  ch.  122,  art.  3, 
sec.  7.)  

85.  A  failure  on  the  part  of  the  district  clerk  to  post  the  notices  of  the 
time  and  place  of  the  annual  meeting  will  not  invalidate  the  proceed- 
ings of  said  meeting. 

86.  Notices  of  special  meetings  must  be  posted  as  required  by  law. 
A  failure  to  so  post  them  will  invalidate  the  action  of  the  meeting. 


96  SCHOOL  DISTRICTS.  [CH.  10 

SEC.  258.  Notice  of  Meetings.  [7404.]  It  shall  be  the  duty 
of  the  clerk  to  give  at  least  ten  days'  notice  previous  to  any 
annual  or  special  district  meeting,  by  posting  up  notices 
thereof  at  three  or  more  public  places  in  the  district,  one  of 
which  notices  shall  be  affixed  to  the  outer  door  of  the  school- 
house,  if  there  be  one  in  the  district,  and  said  clerk  shall 
give  the  like  notice  of  every  adjourned  meeting,  when  such 
meeting  shall  have  been  adjourned  for  a  longer  period  than 
one  month.  Every  notice  for  a  special  district  meeting  shall 
specify  the  objects  for  which  such  meeting  is  called,  and  no 
business  shall  be  acted  upon  at  any  special  meeting  not  speci- 
fied in  said  notice.  (Laws  1876,  ch.  122,  art.  3,  sec.  8.) 

SEC.  259.  Qualified  Voters.  [7405.]  The  following  persons 
shall  be  entitled  to  vote  at  any  district  meeting:  (1)  All  per- 
sons possessing  the  qualifications  of  electors  as  defined  by  the 
constitution  of  the  state,  and  who  shall  have  been  in  good  faith 
residents  of  the  district  for  thirty87  days  next  prior  to  the 
time  of  offering  to  vote  at  said  election.  (2)  All  female  per- 
sons over  the  age  of  twenty-one  years,  not  subject  to  the  dis- 
qualifications named  in  section  2,88  article  5,  of  the  constitu- 
tion of  the  state,  and  who  shall  be  residents  in  good  faith  in 
the  district  for  thirty  days  next  prior  to  the  time  of  offering 
to  vote  at  said  election.89  (Laws  1889,  ch.  123,  sec.  1.) 

SEC.  260.  Challenge.  [7406.]  If  any  person  offering  to 
vote  at  a  school-district  meeting  shall  be  challenged  as  un- 
qualified by  any  legal  voter,  the  chairman  presiding  shall  de- 
clare to  the  person  challenged  the  qualifications  of  a  voter,  and 
if  such  challenge  be  not  withdrawn,  the  chairman,  who  is 
hereby  authorized,  shall  tender  to  the  person  offering  to  vote 
the  following  oath  or  affirmation:  "You  do  solemnly  swear 
(or  affirm)  that  you  are  an  actual  resident  of  this  school  dis- 
trict, and  that  you  are  qualified  by  law  to  vote  at  this  meeting." 
Any  person  taking  such  oath  or  affirmation  shall  be  entitled 
to  vote  on  all  questions  voted  upon  at  such  meeting.  (Laws 
1876,  ch.  122,  art.  3,  sec.  10.) 

SEC.  261.  Powers  of  District  Meeting.  [7407.]  The  inhab- 
itants qualified  to  vote  at  a  school  meeting  lawfully  assembled 
shall  have  power:  First,  to  appoint  a  chairman  to  preside 

87.  Voters  who  have  come  into  a  district  by  reason  of  attachment  of 
territory  to  said  district,  by  disorganization  of  said  voters'  original  dis- 
trict by  any  legal  process,  retain  all  rights  of  suffrage  at  school  elections 
and  meetings,  regardless  of  the  thirty-day  restriction. 

88.  See  section  171,  General  Statutes  of  1909. 

89.  Naturalization.     A  woman  of  foreign  birth  who  is  the  wife  of  a 
naturalized  foreigner,  but  who  has  not  herself  taken  out  naturalization 
papers,  is  entitled  to  vote  at  any  school-district  meeting,  provided  she 
possesses  the  other  necessary  qualifications.     The  naturalization  of  the 
husband  naturalizes  the  wife  and  all  children  who  are  under  the  age  of 
twenty-one  years. 


CH.  10]  SCHOOL  DISTRICTS.  97 

over  said  meeting  in  the  absence  of  the  director;  second,  to 
adjourn  from  time  to  time;90  third,  to  choose  a  director,  clerk 
and  treasurer,  who  shall  possess  the  qualifications  of  voters; 
fourth,  to  designate  by  vote  a  site  for  a  district  schoolhouse; 
fifth,  to  vote  a  sum  annually,  not  exceeding  the  limit  fixed  by 
law,91  as  the  meeting  shall  deem  sufficient,  for  the  various 
school  purposes92  and  for  the  payment  of  any  floating  indebt- 
edness of  the  district,  and  distribute  the  amount  as  the  meet- 
ing shall  deem  proper  in  the  payment  of  teachers'  wages  and 
to  purchase  or  lease  a  site  (provided,  when  not  included 
within  the  limits  of  a  town  or  village,  said  site  shall  not  con- 
tain less  than  one  acre),  and  to  build,  hire  or  purchase  such 
schoolhouse,93  and  to  keep  in  repair  and  furnish  the  same  with 
the  necessary  fuel  and  appendages,  and  to  pay  any  floating 
indebtedness  of  the  school  district;  sixth,  to  authorize  and 
direct  the  sale  of  any  schoolhouse,  site  or  other  property 
belonging  to  the  district  when  the  same  shall  not  longer  be 
needful  for  the  use  of  the  district ;  seventh,  to  give  such  direc- 
tion and  make  such  provision  as  may  be  deemed  necessary  in 
relation  to  prosecution  or  defense  of  any  suit  or  proceedings 
in  which  the  district  may  be  a  party.  (Laws  1909,  ch.  214, 
sec.  1.) 

SEC.  262.  Limitation  of  Levy.  [9417.]  The  authority  of 
the  qualified  voters  of  any  school  district  at  the  annual  meet- 
ing, as  provided  in  chapter  318,  Laws  of  1907,  to  vote  a  tax 
for  general  school  purposes  is  hereby  limited  to  the  extent 
that  no  tax  shall  be  voted  for  such  purpose  at  any  such  meet- 
ing which  shall  be  in  excess  of  three  and  one-half  mills91  upon 
the  dollar  of  all  the  taxable  property  of  any  such  school  dis- 
trict;94 provided,  that  in  no  event  shall  any  school  district  levy 
any  greater  tax  than  is  reasonably  necessary  for  the  ensuing 
school  year.9n  (Laws  1909,  ch.  245,  sec.  1.) 

SEC.  263.    School  Term.    [7408.]    The  qualified  voters  at 

90.  Adjournment.     A  district  meeting  has  the  right  to  adjourn  from 
time  to  time,  and  if  an  adjournment  is  taken  to  a  particular  time,  any 
business  can  be  transacted  at  this  adjourned  session  that  might  have  been 
transacted  at  the  regular  meeting.     No  additional  notice  is  necessary, 
unless  the  meeting  shall  have  been  adjourned  for  a  longer  period  than 
one  month.    (See  sec.  258.) 

91.  Limited  to  four  and  one-half  mills,  Laws  1911,  ch.  268,  sec.  2  (see 
sections  265,  268  and  341  of  this  book).     For  means  of  increasing  this 
amount,  see  Laws  1909,  ch:  245,  sec.  27  (section  476  of  this  book).     The 
levy  must  be  made  in  money  and  not  in  mills. 

92.  More  than  one  school  may  be  established  within  a  school  district. 

93.  A  tax  may  also  be  levied  for  the  purpose  of  purchasing  a  district 
library.    (See  section  479  of  this  book.) 

94.  See  section  476  for  authority  to  increase  the  levy  above  3V2  mills. 

95.  The  school  district  meeting  is  the  judge  as  to  the  tax  that  is  rea- 
sonably necessary,  and  not  the  county  clerk  or  the  county  commissioners. 

-4 


98  SCHOOL  DISTRICTS.  [CH.  10 

each  annual  meeting,  or  any  special  meeting  duly  called,  may 
determine  the  length  of  time  a  school  shall  be  taught  in  their 
district  for  the  ensuing  year,  which  shall  not  be  less  than  three 
months,  and  whether  the  school  money  to  which  the  district 
may  be  entitled  shall  be  applied  to  the  support  of  the  summer 
or  winter  term  of  school  or  a  certain  portion  of  each;  but  if 
such  matters  shall  not  be  determined  at  the  annual  or  any 
special  meeting,  it  shall  be  the  duty  of  the  district  board  to 
determine  the  same.96  (Laws  1903,  ch.  436,  sec.  1.) 

SEC.  264.  Minimum  Term.  [Laws  1911,  ch.  268,  sec.  1.] 
That  all  school  districts  in  which  provision  is  not  made  for 
the  free  tuition  and  comfortable  transportation  of  all  pupils 
to  a  public  school  in  some  other  school  district  or  districts  for 
not  less  than  seven  months  each  school  year  shall  maintain 
a  public  school  for  a  period  of  not  less  than  seven  months  be- 
tween the  1st  day  of  September  and  the  1st  day  of  the  fol- 
lowing June.  Cities  of  the  first  and  second  class  shall  main- 
tain not  less  than  eight  months  of  school  each  school  year. 

SEC.  265.  State  and  County  Aid.  [Laws  1911,  ch.  268,  sec. 
2.]  That  for  the  purpose  of  providing  at  least  seven  months 
of  school  each  year  for  all  the  youth  of  this  state,  whose 
parents  or  guardians  live  in  public-school  districts  the  funds 
of  which  are  not  sufficient  to  maintain  school  for  seven  months, 
there  shall  be  paid  to  each  such  district  by  the  state,  as  here- 
inafter provided,  three-fourths  of  the  difference  between  the 
amount  necessary  to  maintain  seven  months'  school  and  the  an- 
nual income  of  the  district  from  all  sources,  and  the  remaining 
deficiency  to  the  amount  of  one- fourth  shall  be  a  proper  charge 
upon  the  county  and  paid  as  other  county  expenditures;  pro- 
vided, that  no  aid  shall  be  given  any  public-school  district 
unless  said  district  shall  have  voted  an  amount  of  money  repre- 
senting not  less  than  four  and  one-half  mills  of  the  assessed 
valuation  of  such  district;  and  provided  further,  that  all  dis- 
tricts receiving  aid  under  the  provisions  of  this  act  shall  follow 
the  course  of  study  as  prescribed  by  the  State  Board  of  Ed- 
ucation and  shall  employ  a  qualified  teacher  recommended  by 
the  county  superintendent. 

SEC.  266.  Duties  of  County  Superintendent  and  County 
Commissioners.  [Laws  1911,  ch.  268,  sec.  3.]  That  it  shall  be 
the  duty  of  the  superintendent  of  each  county  within  the  state 
on  or  before  August  1st  of  each  year,  under  oath,  to  certify  to 
the  county  clerk  an  estimated  amount  that  will  be  due  the 
several  school  districts  under  the  provisions  of  this  act  from 
the  county  (and  it  shall  then  be  the  duty  of  the  commissioners 
to  provide  a  levy  sufficient  to  raise  the  amount  required  for 

96.  The  electors,  at  the  annual  or  a  special  meeting,  have  no  power 
to  determine  who  shall  or  who  shall  not  be  employed  as  teacher,  or  the 
compensation  such  teacher  shall  receive.  These  are  questions  to  be  deter- 
mined by  the  district  board. 


CH.  10]  SCHOOL  DISTRICTS.  99 

the  current  school  year)  ;  provided,  that  such  estimate  shall 
include  a  statement  as  to  each  district  concerned  as  to  valua- 
tion, area,  school  census  and  proposed  total  expenditures  for 
teacher  and  incidental  expenses. 

SEC.  267.  Duties  of  County  Superintendent,  State  Superin- 
tendent and  State  Treasurer.  [Laws  1911,  ch.  268,  sec.  4.] 
That  it  shall  be  the  duty  of  the  superintendent  of  each  county 
within  the  state,  on  or  before  the  second  Monday  in  January 
of  each  year,  under  oath,  to  certify  to  the  county  treasurer 
the  total  amount  due  each  district  from  the  state  and  from 
the  county,  and  also  to  certify  to  the  state  superintendent  of 
public  instruction  the  number  of  each  school  district  in  his 
county  entitled  to  state  and  county  aid  under  the  provisions 
of  this  act,  the  tax  levy  for  each,  the  expenditures  of  each, 
the  amount  due  each  from  the  state,  the  area,  the  school  census, 
and  such  other  items  as  the  state  superintendent  may  require. 
It  shall  be  the  duty  of  the  state  superintendent,  on  or  before 
the  last  Monday  in  March  of  each  year,  to  certify  the  amount 
of  state  aid  due  the  several  districts  under  the  provisions  of 
this  act  to  the  several  county  treasurers,  and  the  amount  due 
each  county  to  the  state  auditor,  and  the  state  auditor  shall 
draw  warrants  on  the  state  treasurer  in  favor  of  the  various 
counties  for  the  sums  specified  by  the  state  superintendent. 
The  state  treasurer  shall  remit  said  amount  to  the  county 
treasurers  of  the  several  counties  entitled  to  the  same,  who 
shall  place  the  amounts  to  the  credit  of  the  proper  districts 
of  their  respective  counties  in  accordance  with  the  instruction 
of  the  state  superintendent  and  as  certified  by  the  county  su- 
perintendent;  provided,  that  at  the  same  time  the  several 
amounts  due  from  the  county  to  said  districts  shall  be  placed 
to  the  credit  of  such  districts. 

SEC.  268.  Amount  Apportioned  to  Each  District.  [Laws 
1911,  ch.  268,  sec.  5.]  That  to  determine  the  amount  to  be 
apportioned  to  each  district,  the  county  superintendents  shall 
find  the  estimated  expenditures  of  the  district  for  the  current 
year  and  subtract  therefrom  the  estimated  income  of  that  dis- 
trict from  all  sources  for  the  current  year.  The  estimated  in- 
come for  the  current  year  shall  be  the  sum  of  all  moneys  be- 
longing to  the  district  on  hand  in  the  district  and  county 
treasuries,  plus  the  amount  which  a  levy  of  a  four  and  one-half 
mills  tax  upon  the  assessed  value  of  the  district  will  raise,  plus 
the  estimated  apportionment  of  state  and  county  funds,  as 
now  provided  by  law.  The  estimated  expenditures  for  the 
current  year  shall  be  the  amount  necessary  to  provide  for  a 
teacher,  fuel  and  incidentals,  and  to  maintain  school  for  seven 
months ;  and  shall  not  exceed  the  sum  of  $450  for  any  one  year 
to  schools  receiving  such  state  and  county  aid. 

SEC.  269.  County  Superintendent  to  Provide  a  School, 
When;  Penalty.  [Laws  1911,  ch.  268,  sec.  6.]  That  upon  the 


100  SCHOOL  DISTRICTS.  [CH.  10 

failure  of  any  school  district  to  carry  out  the  provisions  of 
section  1  of  this  act  the  county  superintendent  shall  make  the 
required  tax  levy  and  certify  the  same  to  the  county  clerk  and 
proceed  to  carry  out  said  provisions;  and  after  September  1, 
the  school  district  neglecting  to  act,  he  shall  employ  a  teacher 
and  make  all  necessary  provisions  for  a  seven  months'  term  of 
school,  and  the  district  treasurer  shall  pay  such  itemized  ex- 
penses as  are  certified  to  by  the  county  superintendent.  The 
county  superintendent  shall  be  liable  under  section  7395  of  the 
General  Statutes  of  1909  for  neglect  or  refusal  to  perform  his 
duties  as  provided  in  this  act. 

SEC.  270.  Restrictions  on  the  Formation  of  New  Districts. 
[Laws  1911,  ch.  268,  sec.  7.]  That  new  districts  shall  not  be 
formed  with  an  assessed  valuation  of  less  than  $100,000,  and 
territory  shall  not  be  detached  from  any  school  district  the  as- 
sessed valuation  of  property  of  which  is  less  than  $100,000,  or 
the  valuation  of  property  of  which  would  thereby  be  reduced 
below  $100,000. 

SEC.  271.  Appropriation.  [Laws  1913,  ch.  50,  sec.  1.] 
That  for  the  purpose  of  carrying  out  the  provisions  of  chapter 
268  of  the  Session  Laws  of  1911,  providing  for  state  aid  to 
certain  school  districts,  there  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury,  not  otherwise  appropriated, 
the  sum  of  forty  thousand  dollars  for  the  fiscal  year  ending 
June  30,  1914,  and  the  sum  of  forty  thousand  dollars  for  the 
fiscal  year  ending  June  30,  1915 ;  provided,  that  if  the  amount 
so  appropriated  is  not  sufficient  to  pay  the  full  sum  to  which 
each  district  is  entitled  under  the  provisions  of  said  chapter 
268,  Session  Laws  of  1911,  it  shall  be  divided  pro  rata  among 
the  several  districts  in  proportion  to  the  amount  asked  for 
by  the  county  superintendent ;  provided  further,  that  the  one- 
fourth  to  be  paid  by  the  county  shall  if  insufficient  be  prorated 
among  the  districts  entitled  to  such  aid. 

SEC.  272.  Auditor  to  Draw  Warrants.  [Laws  1913,  ch. 
50,  sec.  2.]  The  auditor  of  state  is  hereby  authorized  and 
directed  to  draw  his  warrants  upon  the  treasurer  of  state  for 
the  purpose  of  carrying  out  the  provisions  of  chapter  268, 
Session  Laws  of  1911,  and  in  accordance  with  the  provisions 
thereof. 

SEC.  273.  School  Discontinued;  Pupils  Sent  to  Adjacent  Dis- 
tricts; Compensation.  [Laws  1911,  ch.  268,  sec.  9.]  That  the 
provisions  of  this  act  shall  not  apply  to  districts  having  an 
enumeration  of  less  than  fifteen  children  of  school  age,  unless 
said  districts  embrace  an  area  of  twelve  square  miles  or  more ; 
provided,  that  whenever  the  number  of  children  of  school  age 
in  any  school  district  having  an  area  of  less  than  twelve  square 
miles  shall  be  found  to  be  less  than  fifteen  by  the  annual  school 
census  no  school  shall  be  maintained  in  such  school  district  dur- 
ing the  following  year  (unless  such  a  district  by  reason  of  its 


CH.  10]  SCHOOL  DISTRICTS.      V  :        :       101 

' j '     '  •  '-  *       '.     - ; '  J '      '  > j  "  '  >  • 

valuation  is  able  to  maintain  a  seven  months'  school  without 
state  or  county  aid) ,  and  the  district  board  of  such  district  shall 
make  provision  for  sending,  for  a  period  of  not  less  than  seven 
months,  the  pupils  of  such  school  district  to  such  school  or 
schools  in  an  adjacent  district  or  districts  as  said  district  board 
may  determine;  provided,  that  there  is  a  school  in  an  adjacent 
district  to  which  said  district  may  send  the  pupils.  As  full  com- 
pensation for  the  tuition  of  said  pupils  the  treasurer  of  the 
district  from  which  said  pupils  are  sent  shall  pay,  in  the  manner 
prescribed  by  law,  to  the  treasurer  of  the  district  or  to  the 
board  of  education  of  the  school  to  which  said  pupils  are  sent  an 
amount  not  to  exceed  the  average  cost  per  pupil  per  week  for 
maintaining  the  school,  exclusive  of  school  buildings,  school  site 
and  permanent  improvements ;  provided  further,  that  the  dis- 
trict board  of  the  district  in  which  school  is  discontinued  shall 
provide  for  the  transportation  of  the  pupils  of  said  district,  liv- 
ing two  miles  or  more  from  the  school  to  which  said  pupils  are 
sent,  to  such  school  or  schools  in  a  safe  and  comfortable  and 
enclosed  conveyance  or  conveyances,  properly  heated,  and  the 
expense  of  such  transportation  shall  be  paid  by  the  school  dis- 
trict in  which  school  has  been  discontinued;  provided  further, 
that  when  any  school  district  within  the  provisions  of  this  act, 
having  voted  an  amount  of  money  representing  not  less  than 
four  and  one-half  mills  of  the  assessed  valuation  of  such  district, 
finds  its  funds  insufficient  to  pay  the  tuition  and  cost  of  trans- 
portation as  herein  provided,  the  state  shall  pay  to  said  district 
schools  three-fourths  of  the  difference  between  the  amount 
raised  by  said  district  from  all  sources  for  school  purposes 
and  the  cost  of  tuition  and  transportation  of  pupils  therein, 
and  the  county  shall  pay  from  the  general  fund  one-fourth  of 
said  difference ;  provided,  that  not  more  than  seventy-five  dol- 
lars shall  be  given  to  any  district  whose  school  has  been  dis- 
continued according  to  the  provisions  of  this  act ;  and  provided 
further,  that  pupils  attending  school  in  another  school  district 
under  the  provisions  of  this  act  shall  have  the  same  legal 
rights,  including  the  right  of  admission,  and  be  under  the  same 
jurisdiction  as  the  pupils  residing  in  the  school  district  in 
which  the  school  is  conducted;  provided,  that  such  admission 
shall  not  involve  the  addition  of  a  school  building  or  school 
buildings,  or  the  employment  of  an  additional  teacher;  pro- 
vided, that  any  district  having  an  area  of  less  than  twelve 
square  miles  and  a  school  population  of  less  than  fifteen  may 
maintain  its  school  for  not  less  than  seven  months  each  year, 
and  such  district  shall  not  receive  state  and  county  aid  in  ex- 
cess of  fifty  dollars. 

SEC.  274.  District  May  Send  Children  to  Other  Schools;  Ex- 
penses. [7412.]  In  any  school  district,  if  in  the  judgment  of 
the  district  board,  the  county  superintendent  concurring,  the 
number  of  children  in  said  district  and  the  distance  of  same 


102         j  SCHOOL  DISTRICTS.  [CH.  10 

from  the  schoolhouse  would  not  warrant  the  continuance  of  the 
school  in  said  district,  it  shall  then  be  lawful  for  the  district,  at 
its  annual  or  special  meeting  called  for  the  purpose  hereinafter 
stated,  and  called  in  accordance  with  the  law  providing  for 
special  meetings  in  school  districts,  to  make  provision  for  the 
sending  of  the  children  of  such  district  to  such  other  school  or 
schools  as  may  seem  in  their  judgment  best,  and  for  such  pur- 
pose the  school  board  is  authorized  to  issue  the  warrants  of  said 
district  in  payment  of  expenses  and  tuition  of  such  children; 
provided,  such  expense  and  tuition  shall  not  exceed  ten  dollars 
per  month  for  each  child  nor  forty-five  dollars  in  any  one 
month  for  all  of  said  children  that  may  be  sent  to  other  schools ; 
and  provided  further,  that  such  discontinuance  of  the  school  in 
said  district  shall  not  bar  the  district  from  its  share  of  the  state 
school  fund,  if  said  children  are  continued  in  the  school  or 
schools  of  other  districts  the  full  time  required  by  law  for  the 
maintenance  of  school  in  the  districts.  (Laws  1905,  ch.  386, 
sec.  1.) 

SEC.  275.  May  Send  Children  to' More  Convenient  School; 
Privilege  of  Property  Owner.  [7413.]  If  in  any  school  district 
there  are  children  for  whom  it  will  be  more  convenient,  by 
reason  of  distance  from  the  school  of  the  district  where  they 
live,  to  attend  school  in  another  district,  the  annual  school 
meeting  may  make  an  order  sending  such  children  to  the  school 
of  some  other  convenient  district,97  and  the  school  board  is 
hereby  authorized  to  issue  the  warrants  of  the  district  in  pay- 
ment of  the  extra  expense  and  tuition  of  such  children;  pro- 
vided, that  not  exceeding  four  dollars  per  month  shall  be  paid 
for  each  child;  provided  further,  that  the  children  of  any 
property-owner  owning  land  in  any  adjoining  school  district, 
other  than  in  towns  and  incorporated  cities,  may  have  the 
privilege  of  attending  school  in  such  adjoining  district  with- 
out extra  expense  and  tuition,  when  such  school  is  more  con- 
venient by  reason  of  distance  from  the  school  of  the  district 
in  which  they  live.98  (Laws  1907,  ch.  321,  sec.  2.) 

SEC.  276.  Compensation  for  Conveyance  of  Pupils.  [7429.] 
That  in  any  school  district  where  there  are  pupils  living  not 
less  than  two  miles  and  not  more  than  three  miles  from  the 
schoolhouse  the  school  board  of  such  dstrict  may,  and  where 
there  are  pupils  living  three  miles  or  more  from  the  school- 
house  such  school  board  shall,  allow  to  the  parent  or  guardian 
of  such  pupils  a  sum  not  to  exceed  fifteen  cents  per  day,  for 
not  to  exceed  one  hundred  days  in  each  year  as  compensation 

97.  It  is  not  mandatory  on  a  school  district  to  receive  the  pupils  ordered 
to  be  sent  to  it  in  accordance  with  this  provision. 

98.  The  supreme  court  has  decided  that  this  provision  is  constitutional 
(See,  Evans  v.  School  District  No.  46,  81  Kan.  385.) 


CH.  10]  SCHOOL   DISTRICTS.  103 

for  conveying"  such  pupils  to  and  from  the  school ;  provided, 
that  no  such  compensation  be  allowed  unless  the  pupil  is  actu- 
ally conveyed  to  and  from  the  school.  (Laws  1907,  ch.  327, 
sec.  1.) 

SEC.  277.  District  Board  May  Provide  Transportation. 
[Laws  1911,  ch.  273,  sec.  1.]  That  the  district  board  of  any 
school  district  may  provide  for  the  comfortable  transportation 
of  pupils  of  said  school  district  living  two  and  one-half  or  more 
miles  from  the  school  attended,  by  the  usual  traveled  road,  in 
a  safe  and  enclosed  conveyance  or  conveyances,  properly 
heated,  and  said  district  board  is  authorized  to  establish  such 
rules  and  regulations  as  may  be  necessary  for  carrying  out  the 
provisions  of  this  act. 

SEC.  278.  Change  of  Site.1™  [7409.]  That  school  districts 
having  schoolhouses  the  value  of  which  is  not  less  than  $400, 
the  schoolhouse  site  shall  not  be  changed  except  by  a  vote  of 
at  least  two-thirds  of  the  legal  voters  of  such  district  in  favor 
of  such  change ;  and  in  districts  where  the  value  of  the  school- 
house  is  less  than  $400,  the  schoolhouse  site  shall  not  be 
changed  except  by  a  vote  of  a  majority  of  the  legal  voters  of 
the  district  in  favor  of  such  change.  (Laws  1903,  ch.  428, 
sec.  1.) 

SEC.  279.  Appraisement.  [7410.]  The  value  of  school- 
houses  in  districts  desiring  to  change  the  schoolhouse  site  shall 
be  determined  by  three  appraisers  appointed  by  the  county 
commissioners.  (Laws  1903,  ch.  428,  sec.  2.) 

SEC.  280.  Site  Condemned.101  [7411.]  In  case  any  school 
district  or  the  board  of  education  of  any  city  of  the  second 
class  can  not  by  purchase  at  reasonable  rates,  or  by  donation 
or  otherwise,  obtain  title  to  the  site  selected  by  such  school 
district ;  or  if  it  be  deemed  advisable  by  such  school  district  or 
by  the  district  board  to  add  other  ground  to  any  schoolhouse 
site  already  selected;  or  if,  in  good  faith,  but  by  mistake  or 
otherwise,  a  schoolhouse  has  been  or  shall  be  erected  wholly 
or  partially  upon  any  land  or  lot  to  which  said  school  district 
at  the  time  of  the  erection  of  such  school  building,  or  any 
addition  thereto,  had  not  acquired  title,  then,  and  in  any  such 
cases,  upon  the  written  application  of  the  district  board  of 
such  school  district,  or  a  majority  of  the  board,  it  shall  be  the 
duty  of  the  probate  judge  of  the  county  in  which  such  school 
district  is  situated  to  appoint  three  disinterested  freeholders 
of  such  county,  and  not  residents  of  such  school  district,  to 

99.  The  law  means  "not  to  exceed  fifteen  cents  per  day"  for  each  con- 
veyance, regardless  of  the  number  of  pupils  conveyed.    The  district  board 
must  allow  a  reasonable  amount,  and  usually  fifteen  cents  is  reasonable. 

100.  The  vote  to  locate  the  school  site  after  it  has  been  changed  re- 
quires only  a  majority  of  those  voting  on  the  proposition. 

101.  See  sections  100  to  105  of  this  book. 


104  SCHOOL  DISTRICTS.  [CH.  10 

condemn  and  appraise  such  site,  or  addition  thereto;  and  in 
case  such  land  or  lot  condemned  and  appraised  shall  be  an 
original  selection  for  a  schoolhouse  site,  the  amount  so  con- 
demned and  appraised  shall  not  exceed  one  and  one-half  acres ; 
and  if  it  be  for  an  addition  to  an  existing  site,  the  additional 
amount  condemned  and  appraised  shall  not,  with  the  original 
site,  exceed  one  and  one-half  acres.  Immediately  after  their 
appointment,  such  appraisers  shall  proceed,  and  condemn  and 
appraise  the  value  of  the  site  so  selected,  or  the  addition  to 
such  existing  site.  And  they  shall,  within  ten  days  thereafter, 
make  and  sign  a  report  describing  the  land  or  lot  so  con- 
demned, the  purpose  for  which  it  was  so  condemned,  and  the 
appraised  value  thereof,  which  report  shall  be  by  them  filed 
in  the  office  of  the  register  of  deeds  of  the  county  in  which 
such  land  or  lot  is  situated,  and  by  such  register  duly  recorded, 
as  other  instruments  of  writing  affecting  the  title  to  real 
estate  are  recorded.  In  appraising  any  schoolhouse  site,  or 
addition  thereto,  to  which  such  school  district  had  not  title 
at  the  time  of  erecting  any  schoolhouse,  or  addition  thereto, 
thereon,  said  appraisers  shall  exclude  from  their  appraisement 
the  value  of  such  schoolhouse,  or  addition,  and  appraise  such 
land  or  lot  at  its  value,  exclusive  of  such  building,  addition  or 
other  improvement  placed  thereon  in  good  faith,  but  by  mis- 
take of  said  school  district  or  said  school-district  board. 
Within  thirty  days  after  the  report  of  said  appraisers  is  filed 
in  the  office  of  the  register  of  deeds,  the  district  board  of  such 
school  district  shall  pay  to  the  county  treasurer  of  the  county 
in  which  such  condemned  land  or  lot  is  situate,  for  the  use  of 
the  owner  of  such  lands  or  lot,  the  amount  of  the  appraised 
value  thereof,  and  also  fifty  cents  for  said  register  of  deeds 
for  recording  said  report.  And  upon  such  payment  being 
made  to  such  county  treasurer  by  such  district  board,  the  title 
to  such  site  or  addition  thereto  shall  vest  in  such  school  dis- 
trict. Either  party,  the  owner  of  the  land  or  lot  condemned 
or  the  school  district,  may  appeal  from  such  appraisement  to 
the  district  court,  in  the  same  time  and  manner  that  appeals 
are  taken  from  the  judgments  of  justices  of  the  peace  in  civil 
actions.  (Laws  1885,  ch.  174,  sec.  1.) 

SEC.  281.  Schoolhouse  Site  Acquired  from  School  Lands. 
[7653.]  Any  school  district  shall  be  entitled  to  purchase  and 
acquire  for  schoolhouse  site  not  exceeding  two  acres  of  any 
school  lands  situated  in  such  district,  but  such  tract  shall  be 
situated  on  one  of  the  boundary  lines  of  the  section  or  cross- 
center  lines  thereof.  The  price  to  be  paid  for  such  land  by  the 
said  school  district  shall  be  two  dollars  an  acre,  and  upon 
presentation  to  the  county  clerk  of  a  petition  signed  by  a  ma- 
jority of  the  legal  voters  of  ,the  school  district,  and  the  pay- 
ment of  the  purchase  price  to  the  county  treasurer,  the  county 
clerk  shall  issue  the  said  school  district  a  certificate  of  pur- 
chase. Upon  the  presentation  of  said  certificate  of  purchase 


CH.  10]  SCHOOL  DISTRICTS.  105 

to  the  auditor  of  state  he  shall  cause  to  be  issued  a  patent  for 
said  land,  but  said  certificate  of  purchase  and  said  patent 
shall  recite  that  upon  the  failure  of  said  school  district  to  use 
said  land  for  school  purposes  the  title  thereof  shall  be  for- 
feited and  revert  to  the  state  of  Kansas.  (Laws  1909,  ch.  218, 
sec.  8.) 

SEC.  282.  Territory  Annexed  to  City.  [7762.]  When  all 
the  territory  of  a  school  district  shall  become  annexed  to  a 
city  of  the  first  or  second  class  by  the  extension  of  the  bound- 
aries of  the  city,  all  the  school  property,  including  moneys  on 
hand  and  due  to  said  district,  together  with  all  records  and 
papers  belonging  to  said  district  board,  shall  be  transferred  to, 
and  the  title  vested  in,  the  board  of  education  of  such  city, 
and  said  board  of  education  shall  assume  and  be  held  respon- 
sible for  the  legitimate  floating  and  bonded  indebtedness  of 
such  annexed  district.  (Laws  1893,  ch.  128,  sec.  1.) 

SEC.  283.  Duty  of  County  Superintendent.  [7763.]  When, 
by  the  extension  of  the  limits  of  any  city  of  the  first  or  second 
class,  a  part  of  the  territory  of  an  adjacent  district  is  annexed 
to  such  city,  it  shall  be  the  duty  of  the  county  superintendent 
to  determine  the  present  value  of  all  the  school  property  of 
such  district,  also  all  moneys  due  to  or  in  the  hands  of  the 
district  treasurer,  and  to  equitably  apportion  the  amount  due 
the  district  board,  or  board  of  education,  as  the  case  may  be. 
The  amount  due  to  the  district  board  or  board  of  education  of 
such  city,  when  ascertained  by  the  county  superintendent, 
shall  be  levied  upon  the  taxable  property  of  that  district  or 
corporation  found  to  be  in  debt,  and  shall  be  collected  in  the 
same  manner  as  if  the  same  had  been  authorized  by  the  vote 
of  the  district  board  or  by  the  board  of  education  of  such  city, 
and  when  collected  it  shall  be  paid  to  the  treasurer  of  that 
district  or  board  of  education  to  which  it  is  due.  The  board 
of  education,  or  the  district  board  retaining  the  schoolhouse, 
shall  assume  the  bonded  indebtedness  incurred  in  building  and 
furnishing  such  schoolhouse.  All  unadjusted  claims  of  city 
and  school  districts  arising  from  such  annexation  previous  to 
the  passage  of  this  act  shall  be  adjusted  in  accordance  with 
provisions  of  this  section.  (Laws  1893,  ch.  128,  sec.  2.) 

SEC.  284.  Appeal.  [7764.]  If,  in  the  adjustment  of  school 
property  where  a  part  of  a  school  district  has  been  annexed  to 
a  city  of  the  first  or  second  class,  any  person  or  persons  shall 
feel  aggrieved  by  the  decision  rendered  by  the  county  superin- 
tendent, an  appeal  may  be  taken  to  the  board  of  county  com- 
missioners; but  a  notice  of  such  appeal  must  be  served  upon 
the  county  superintendent  in  writing  within  ten  days  after  the 
rendition  of  his  decision  in  adjusting  the  rights  of  the  school 
district  and  the  city  school  district.  Such  notice  shall  state 
fully  the  objections  to  the  action  of  the  county  superintendent, 
a  copy  of  which  shall  be  filed  with  the  county  clerk,  and  also 


106 


DISTRICT   SCHOOLS. 


[CH.  10 


with  the  clerk  of  the  district,  or  with  the  secretary  of  the  board 
of  education,  as  the  case  may  be,  affected  by  such  decision. 
Such  appeal  shall  be  heard  and  decided  by  a  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting, 
and  their  decision  shall  be  final.  (Laws  1893,  ch.  128,  sec.  3.) 


ARTICLE  IL— DISTRICT  SCHOOLS. 


§285. 

286. 
287. 
288, 
289. 
290. 
291. 
292. 
293. 
294. 


Branches     taught ;      instruction      in 

English   language. 

Course  of  study  for  common  schools. 
Major  subjects. 
Assistants  to  state  board. 
When  course  shall  be  ready. 
Distribution. 

Act  does  not  apply  to  cities. 
School  districts  shall  use. 
Appropriation. 
Common  school  diplomas. 


§295.  Average  grade  and  subjects  required. 

296.  Examinations;    expenses. 

297.  Questions   prepared   by   state   board. 

298.  Examinations   uniform. 

299.  School  month. 

300.  Free  schools. 

301.  Penalty. 

302.  Contagious  disease. 

303.  Contagious  disease;  duty  of  parents. 

304.  Tuition  fee. 


SECTION  285.  Branches  Taught.  [7478.]  That  in  each  and 
every  school  district  shall  be  taught  orthography,  reading, 
writing,  English  grammar,  geography,  arithmetic,  history  of 
the  United  States,  and  history  of  the  state  of  Kansas,  and 
such  other  branches  as  may  be  determined  by  the  district 
board;102  provided,  that  the  instruction  given  shall  be  in  the 
English  language.  (Laws  1903,  ch.  435,  sec.  1.) 

SEC.  286.  Course  of  Study  for  Common  Schools.  [Laws 
1913,  ch.  272,  sec.  1.]  It  shall  be  the  duty  of  the  State  Board 
of  Education,  sitting  in  extra  session  with  such  assistants  as 
shall  hereinafter  be  provided,  to  prepare  a  course  of  study  for 
the  common  schools  of  the  state,  of  Kansas,  below  the  high- 
school  grades,  which  course  of  study  shall  be  so  arranged  that 
no  pupil  of  the  common  schools  shall  be  required  to  study,  pre- 
pare or  recite  recitations  in  more  than  six  of  the  subjects  com- 
prising the  curriculum  of  the  common  schools  during  any 
school  term,  a  school  term  to  consist  of  one-half  of  a  school 
year,  the  said  course  of  study  shall  be  based  entirely  upon  the 
texts  duly  adopted  by  the  State  School  Book  Commission  and 
shall  require  the  use  of  said  adopted  texts  in  those  grades  cor- 
responding to  the  grade  of  the  adopted  text. 

SEC.  287.  Major  Subjects.  [Laws  1913,  ch.  272,  sec.  2.] 
For  the  purposes  of  this  act,  certain  subjects  shall  be  desig- 
nated as  major  subjects  as  hereinafter  stated  and  the  pupils 
of  each  grade  shall  prepare,  study  and  recite  in  all  of  the 
major  subjects  designated  for  that  grade,  and  such  other  sub- 
jects as  shall  be  required  for  each  and  every  grade  as  pro- 
vided for  by  the  course  of  study  which  shall  be  prepared  in 
pursuance  with  the  provisions  of  this  act.  Arithmetic  shall 
be  made  a  major  subject  for  six  years;  reading,  spelling  and 
writing  for  six  years;  grammar  for  three  years;  agriculture 

102.  Instruction  must  also  be  given  in  physiology  and  hygiene  with 
special  reference  to  the  effects  of  alcoholic  stimulants  and  narcotics. 
(See  section  85  of  this  book.) 


CH.  10]  DISTRICT   SCHOOLS.  107 

for  one  year ;  elementary  physiology  and  hygiene  for  one  year ; 
United  States  history  one  year  and  civics  one  term. 

SEC.  288.  Assistants  to  State  Board.  [Laws  1913,  ch.  272, 
sec.  3.]  It  shall  be  the  duty  of  the  governor  to  appoint  upon 
the  recommendation  of  the  state  superintendent  of  public  in- 
struction assistants  to  the  State  Board  of  Education  for  the 
purpose  of  helping  in  the  preparation  of  the  course  of  study 
for  the  common  schools  as  provided  for  in  this  act  as  follows : 
two  county  superintendents  of  public  instruction,  and  two 
other  persons  thoroughly  acquainted  with  the  work  and  the 
needs  of  the  rural  schools,  and  each  of  such  assistants  shall 
receive  as  compensation  a  sum  of  three  dollars  ($3.00)  per 
day  for  a  period  of  not  to  exceed  fifteen  days  and  the  actual 
expenses,  excepting  the  county  superintendents  of  public  in- 
struction who  shall  receive  their  actual  expenses  while  en- 
gaged in  the  work  hereinbefore  mentioned. 

SEC.  289.  When  Course  Shall  be  Ready.  [Laws  1913,  ch. 
272,  sec.  4.]  The  State  Board  of  Education  shall  meet  to  com- 
mence the  work  of  preparing  the  course  of  study  as  provided 
for  in  this  act  on  the  first  Monday  in  April,  A.  D.  1913,  and  shall 
continue  work  on  the  same  as  convenient;  provided,  that  the 
completed  course  of  study  shall  be  ready  and  in  the  hands  of 
the  state  printer  on  or  before  the  first  day  of  June,  A.  D.  1913. 

SEC.  290.  Distribution.  [Laws  1913,  ch.  272,  sec.  5.]  The 
state  printer  shall  print  and  have  ready  for  distribution  by 
August  1st,  ten  thousand  copies  of  the  course  of  study  as  here- 
inbefore provided  for,  which  the  state  superintendent  shall 
thereupon  immediately  distribute  to  county  superintendents, 
who  shall  place  a  copy  in  the  hands  of  each  teacher  in  his 
county  as  the  property  of  the  district. 

SEC.  291.  Act  Does  Not  Apply  to  Cities.  [Laws  1913,  ch. 
272,  sec.  6.]  The  provisions  of  this  act  shall  not  apply  to  cities 
of  the  first,  second  or  third  class. 

SEC.  292.  School  Districts  Shall  Use.  [Laws  1913,  ch.  272, 
sec.  7.]  Every  school  district  in  Kansas  for  which  this  course 
of  study  is  intended,  shall  use  the  same  as  the  basis  of  its 
school  work. 

SEC.  293.  Appropriation.  [Laws  1913,  ch.  272,  sec.  8.]  For 
the  purpose  of  carrying  into  effect  the  provisions  of  this  act, 
the  sum  of  three  hundred  dollars  ($300.00)  or  such  part 
thereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated  and 
the  auditor  of  state  is  hereby  ordered  to  draw  his  warrants  on 
the  treasurer  of  state  for  the  pay  and  expenses  of  the  assist- 
ants to  the  State  Board  of  Education  herein  provided  for  when 
the  same  shall  be  properly  vouched  for  by  the  president  of  the 
State  Board  of  Education. 


108  DISTRICT   SCHOOLS.  [CH.  10 

SEC.  294.  Common  School  Diplomas.  [Laws  1913,  ch.  271, 
sec.  1.]  Any  person  who  shall  complete  the  course  of  study, 
prescribed  by  the  State  Board  of  Education,  for  rural  schools 
and  the  grades  in  schools  having  two  or  more  teachers,  in  a 
satisfactory  manner;  who  shall  give  evidence  of  a  good  moral 
character;  and  who  shall  fulfill  the  further  requirements  of 
this  act,  shall  be  granted  a  common  school  diploma  which  shall 
admit  such  person  to  entrance  in  any  high  school  in  the  state. 
SEC.  295.  Average  Grade  and  Subjects  Required.  [Laws 
1913,  ch.  271,  sec.  2.]  An  average  of  80  per  cent  with  no  grade 
below  60  per  cent  shall  be  required,  for  graduation,  in  the  fol- 
lowing subjects:  Reading,  writing,  spelling,  grammar,  arith- 
metic, U.  S.  history,  Kansas  history,  geography,  civil  govern- 
ment, agriculture,  physiology  and  classics;  provided,  that 
grades  of  80  per  cent,  or  more,  may  be  carried  as  credits  and 
applied  as  grades  for  graduation,  for  a  period  of  two  years; 
provided,  further,  that  at  the  option  of  the  county  superin- 
tendent, credit  may  be  given  on  school  work,  which  shall  not 
exceed  50  per  cent  in  any  one  subject;  and  provided,  that 
pupils  who  have  satisfactorily  completed  the  7th  grade  in  the 
graded  schools,  and  the  7th  and  8th  grades  in  rural  schools, 
may  take  the  examination  in  subjects  that  are  finished  in  their 
respective  grades. 

SEC.  296.  Examinations;  Expenses.  [Laws  1913,  ch.  271, 
sec.  3.]  Public  examinations  shall  be  conducted  by  a  board  of 
examiners,  at  the  county  seat  or  at  places  named  by  the  county 
superintendent  on  the  first  and  second  Saturdays  of  April  in 
each  year.  Questions  shall  be  opened  in  the  presence  of  at 
least  a  majority  of  the  members  of  the  board,  on  the  date  set 
for  such  examination,  at  the  hour  specified  in  a  notice,  which 
shall  be  published  by  the  county  superintendent  at  least  ten 
days  before  the  first  Saturday  in  April.  Said  county  board 
of  examiners  shall  grade  the  papers  and  iss.ue  diplomas  to 
successful  applicants,  and  they  shall  receive  pay  from  the  gen- 
eral funds  of  the  county,  as  provided  by  law  for  examining 
teachers.  Provided  further,  that  the  county  shall  pay  any 
other  legitimate  expenses  incurred  in  conducting  examina- 
tions, issuing  diplomas  and  holding  commencement  exercises. 

SEC.  297.  Questions  Prepared  by  State  Board.  [Laws  1913, 
ch.  271,  sec.  4.]  The  questions  for  the  examination  provided 
for  in  this  act  shall  be  prepared  by  the  State  Board  of  Edu- 
cation, and  shall  be  mailed  by  the  state  superintendent  to  the 
county  superintendent,  at  least  ten  days  before  they  are  to  be 
used. 

SEC.  298.  Examinations  Uniform.  [Laws  1913,  ch.  271,  sec. 
5.]  The  examinations  provided  for  in  this  act  shall  be  uni- 
form, as  to  date  and  subject  matter,  throughout  the  state. 

SEC.  299.  School  Month.   [7479.]   A  school  month  shall  con- 


CH.  10]  DISTRICT  SCHOOLS.  109 

sist  of  four  weeks  of  five  days  each,  of  six  hours  per  day 
(Laws  1876,  ch.  122,  art.  5,  sec.  2.) 

SEC.  300.  Free  Schools.  [7480.]  The  district  schools  estab- 
lished under  the  provisions  of  this  act  shall  at  all  times  be 
equally  free  and  accessible  to  all  the  children  resident  therein 
over  five  and  under  the  age  of  twenty-one  years,  subject  to 
such  regulations  as  the  district  board  in  each  may  prescribe 
(Laws  1876,  ch.  122,  art.  5,'sec.  3.) 

SEC.  301.  Penalty.  [7481.]  The  members  of  any  district 
board  willfully  violating  any  of  the  provisions  of  this  article, 
or  refusing  the  admission  of  any  children  into  the  common 
schools,  shall  forfeit  to  the  county  the  sum  of  $100  each  for 
every  month  so  offending  during  which  such  schools  are 
taught;  and  all  moneys  forfeited  to  the  common-school  fund 
of  the  county  under  this  act  shall  be  expended  by  the  county 
superintendent  for  the  education  of  such  children  in  the  school 
district  denied  such  equal  educational  advantages;  provided, 
that  any  member  of  said  board  who  shall  protest  against  the 
action  of  his  said  board  in  excluding  any  children  from  equal 
educational  advantages,  or  in  violating  any  of  the  provisions 
of  this  article,  shall  not  be  subject  to  the  penalty  herein 
named;  and  provided  further,  that  the  provisions  of  this  act 
shall  not  apply  to  cities  of  the  first  or  second  class.  (Laws 
1877,  ch.  170,  sec.  2.) 

SEC.  302.  Contagious  Disease.  [7482.]  No  pupil  infected 
with  any  contagious  disease  shall  be  allowed  to  attend  any 
common  school,  or  remain  in  any  schoolroom  while  so  in- 
fected. (Laws  1876,  ch.  122,  art.  5,  sec.  5.) 

SEC.  303.  Contagious  Disease;  Duty  of  Parents.  [8079.] 
No  person  afflicted  with  any  infectious  or  contagious  disease 
dangerous  to  the  public  health  shall  be  admitted  into  any 
public  or  private  school.  No  parent,  guardian,  tutor,  or  other 
person  having  charge  or  control  of  children,  whose  residence 
is  infected,  with  smallpox,  cholera,  scarlet  fever,  diphtheria, 
epidemic  cerebro-spinal  meningitis,  or  other  infectious  or  con- 
tagious disease  dangerous  to  the  public  health,  shall  allow  or 
permit  them  to  attend  any  public  or  private  school  during  the 
continuance  of  such  infection,  or  until  the  premises  have  been 
thoroughly  disinfected  and  all  danger  from  contagion  has 
passed.  (Laws  1901,  ch.  285,  sec.  6.) 

SEC.  304.  Tuition  Fee.  [7483.]  Whenever  there  be  not 
public  money  enough  belonging  to  any  school  district  to  sup- 
port a  public  school  the  length  of  time  determined  at  the 
annual  meeting,  or  at  a  special  meeting  duly  called,  the  dis- 
trict board,  to  meet  said  deficiency,  may  assess  a  tuition  fee 
upon  each  scholar  attending  such  school,  the  assessment  to  be 
proportioned  to  the  number  of  days  each  pupil  has  been  in 
actual  attendance  during  the  term;  provided,  that  no  tuition 
fee  shall  be  levied  upon  the  scholars  in  any  of  the  public 


110 


DISTRICT  OFFICERS. 


[CH.  10 


schools  of  this  state,  in  accordance  with  the  provisions  of  this 
act,  unless  the  entire  amount  of  one  per  cent  for  teachers' 
wages,  as  required  by  law,  be  first  assessed  upon  the  taxable 
property  of  said  school  district.  (Laws  1876,  ch.  122,  art.  5, 
sec.  6.) 

ARTICLE  III. — DISTRICT  OFFICERS. 


§305.     Officers;  term  of  office. 

306.  Official  oath. 

307.  Forfeiture    of    office;    vacancy,    how 

filled. 

308.  Duty  of  directors. 

309.  Duty  of  district  clerk. 

310.  Clerk  of  board  and  district  meetings. 

311.  Clerk   shall  draw   orders  on   district 

treasurer. 

312.  Clerk's  annual  report. 

313.  County  treasurers. 

314.  Treasurer  pay  no  money,  when. 

315.  Clerk  of  joint  district. 

316.  Penalty  for  false  report. 

317.  District  clerk  shall  report  to  county 

clerk  a  list  of  resident  taxpayers. 

318.  Fine    for    failure    to    report    district 

tax  to  county  clerk. 

319.  Report  to  county  superintendent. 

320.  District  and  city  clerks,   and   clerks 

of  boards  of  education,  shall  re- 
port bonded  indebtedness  to 
county  clerk. 

321.  Fine    for    not    delivering    records    to 

successor. 

322.  District  treasurer  shall  execute  bond. 

323.  Shall  pay   school  moneys,    on  whose 

order. 

324.  Shall    receive    school    moneys    from 

county  treasurer,  on  whose  order. 

325.  District   taxes   voted   but   not   levied 

in  any  year  shall  be  collected  with 
taxes  of  the  year  following. 


§326.  District  treasurer  shall  keep  account, 
etc. ;  shall  report  in  writing  at 
annual  meeting. 

327.  Procedure,   if  he  does  not  pay  over 

moneys  to  his  successor. 

328.  Powers  and  duties  of  school-district 

board;  schoolhouse  site,  etc. 

329.  Shall  have   care  of  property  of  dis- 

trict. 

330.  May  open  schoolhouse  for  the  use  of 

societies. 

331.  Water-closets. 

332.  The  board  may  remove   schoolhous* 

or  other  improvement,  when ;  pro- 
bate judge  may  appoint  ap- 
praisers to  condemn  site,  etc. 

333.  May      admit      non-resident      pupils. 

when. 

334.  Shall    hire    qualified    teachers;    may 

dismiss  teachers  for  cause. 

335.  Employment   of   relatives. 

336.  Contracts  void. 

337.  Records  and  reports. 

338.  Shall  provide  necessary  appendages, 

when. 

339.  May  suspend  a  pupil  for  cause;  ap- 

peal. 

340.  Shall    furnish    teachers    with    daily 

register;  shall  visit  schools. 

341.  Taxes;     clerk     to     certify;     commis- 

sioners to  levy;  limit. 

342.  Judgments,  how*  obtained ;  the  board 

liable,  when. 


SECTION  305.  Officers;  Term.  [7443.]  The  officers  of  each 
school  district  shall  be  a  director,  clerk,  and  treasurer,  who 
shall  constitute  the  district  board,103  and  who  shall  be  elected 
and  hold  their  respective  offices  as  follows:  At  the  annual 
meeting  in  1874  there  shall  be  elected  a  director,  who  shall  hold 
his  office  for  three  years ;  a  clerk,  who  shall  hold  his  office  for 
two  years;  and  a  treasurer,  who  shall  hold  his  office  for  one 
year ; 104  and  thereafter  at  each  annual  meeting  there  shall  be 
elected  one  member  of  said  board  in  place  of  the  outgoing 
member,  who  shall  hold  his  office  for  three  years,  and  until  his 
successor  shall  be  elected  and  qualified.105  (Laws  1876,  ch.  122, 
art.  4,  sec.  1.) 

103.  The  officers  of  a  school  district  constitute  the  board  of  directors 
in  such  sense  as  to  be  able  to  transact  the  school  business  of  the  district 
only  when  in  session  as  a  district  board.    As  the  law  is  silent  as  to  how, 
when  and  where  the  district  board  shall  convene,  each  board  should  adopt 
a  set  of  rules  for  its  own  government. 

104.  The  treasurer  is  elected  in  1914,  the  clerk  in  1915,  and  the  direc- 
tor in  1916. 

105.  Compensation  of  District  Officers.     Neither  the  district  meeting 
nor  the  district  board  has  the  right  to  authorize  or  direct  the  payment 
of  any  compensation  from  the  public  fund  to  members  of  the  board  for 
their  services. 

See  section  257  for  the  term  of  officers  chosen  at  special  meetings. 
They  hold  their  offices  until  their  successors  are  elected  and  qualified. 


CH.  10]  DISTRICT  OFFICERS.  Ill 

SEC.  306.  Official  Oath.  [7444.]  School-district  officers  be- 
fore entering  upon  their  official  duties  shall  take  an  oath  to 
faithfully  perform  said  duties ; 106  and  the  chairman  of  any 
regular  or  special  meeting  is  hereby  authorized  and  empow- 
ered to  administer  such  oath.107  (Laws  1876,  ch.  122,  art  4, 
sec.  2.) 

SEC.  307.  Office  Forfeited.  [7445.]  Every  person  duly 
elected  to  the  office  of  director,  clerk  or  treasurer  of  any  school 
district,  who  shall  refuse  or  neglect,  without  sufficient  cause,  to 
qualify  within  twenty  days  after  his  election  or  appointment, 
or  who,  having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duty  required  of  him  by  the  pro- 
visions of  this  act,  shall  thereby  forfeit  his  right  to  the  office 
to  which  he  was  elected  or  appointed,  and  the  county  superin- 
tendent shall  thereupon  appoint  a  suitable  person  in  his 
stead.108  (Laws  1876,  ch.  122,  art.  4,  sec.  3.) 

SEC.  308.  Director.  [7446.]  The  director  of  each  district 
shall  preside  at  all  district  meetings,  and  shall  sign  all  orders 
drawn  by  the  clerk,  authorized  by  a  district  meeting  or  by  the 
district  board,  upon  the  treasurer  of  the  district,  for  moneys 
collected  or  received  by  him  to  be  disbursed  therein.  He  shall 
appear,  for  and  in  behalf  of  the  district,  in  all  suits  brought  by 
or  against  the  district,  unless  other  direction  shall  be  given  by 
the  voters  of  such  district,  at  a  district  meeting.  (Laws  1876, 
ch.  122,  art.  4,  sec.  4.) 

SEC.  309.  Clerk.  [7447.]  The  clerk  of  each  district  shall 
record  the  proceedings  of  his  district  in  a  book  provided  by  the 
district  for  that  purpose,  and  enter  therein  copies  of  all  re- 
ports made  by  him  to  the  county  superintendent;  and  he  shall 
keep  and  preserve  all  records,  books  and  papers  belonging  to 
his  office,  and  deliver  the  same  to  his  successor  in  office.  (Laws 
1876,  ch.  122,  art.  4,  sec.  5.) 

SEC.  310.  Clerk  of  the  Board  and  District  Meetings.  [7448.] 
The  said  clerk  shall  be  clerk  of  the  district  board  and  of  all 

106.  Neglect  of  Duty.    Where  a  district  officer  neglects  or  refuses  to 
perform  a  duty,  the  proper  proceeding  to  compel  performance  is  a  writ 
of  mandamus. 

107.  A  district  officer  can  qualify  before  the  chairman  of  a  district 
meeting,  the  county  superintendent,  or  any  one  authorized  by  law  to 
administer  oaths. 

108.  A  county  superintendent  can  not  remove  a  district  officer.     Such 
removal  can  be  made  only  by  an  action  brought  in  court.     The  vacancy 
being  declared,  the  county  superintendent  shall  appoint.     A  member  of 
the  district  board  can  not  continue  to  act  as  a  member  thereof  after  he 
ceases  to  be  a  resident  of  the  district,  nor  has  he  the  right  to  appoint  a 
deputy  to  discharge  the  duties  of  the  office.     See  section  222  with  regard 
to  filling  vacancies  on  the  district  board. 


112.  DISTRICT   OFFICERS.  [CH.  10 

district  meetings,  when  present;100  but  if  such  clerk  shall  not 
be  present  at  any  district  meeting,  the  voters  present  may 
appoint  a  clerk  of  such  meeting,  who  shall  certify  the  proceed- 
ings thereof,  and  the  same  shall  be  recorded  by  the  clerk  of 
the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  6.) 

SEC.  311.  Clerk  Shall  Draw  Orders.  [7449.]  The  clerk  of 
the  district  shall  draw  orders  on  the  treasurer  of  the  district 
for  moneys  in  the  hands  of  such  treasurer  which  have  been 
apportioned  to  or  raised  by  the  district,  to  be  applied  to  the 
payment  of  teachers'  wages,  and  apply  such  money  to  the  pay- 
ment of  the  wages  of  such  teachers  as  shall  have  been  em- 
ployed by  the  district  board ;  and  said  clerk  shall  draw  orders 
on  the  said  treasurer  for  moneys  in  the  hands  of  such  treas- 
urer, to  be  disbursed  for  any  other  purpose  ordered  by  a  dis- 
trict meeting no  or  by  the  district  board,  agreeable  to  the 
provisions  of  this  act.111  (Laws  1876,  ch.  122,  art.  4,  sec.  7.) 

SEC.  312.  Clerk's  Annual  Report.112  [7450.]  The  clerk  of 
each  district  shall,  at  least  five  days  previous  to  the  annual 
meeting  in  July  of  each  year,  make  a  written  report,  which  he 
shall  submit  and  read  to  the  legal  voters  of  the  district  at  the 
annual  meeting  for  their  information  and  consideration.  If 
any  change  or  alteration  therein  be  necessary,  the  same  shall 
be  made,  and  it  shall  then  be  transmitted  to  the  county  superin- 
tendent of  public  instruction.  Said  report  shall  show:  (1) 
The  number  of  children,113  male  or  female,  designated  sepa- 
rately, residing  in  the  district  or  part  of  district  on  the  last 
day  of  June  previous  to  the  date  of  such  report,  over  the  age 
of  five  and  under  the  age  of  twenty-one  years;  (2)  the  number 
of  children  attending  school  during  the  year,  their  sex,  and 
branches  studied;  (3)  the  length  of  time  a  school  has  been 
taught  in  the  district  by  a  qualified  teacher,  the  name  of  the 

109.  In  transacting  the  school  business  of  the  district,  the  members  of 
the  board  should  meet  as  a  district  board,  the  clerk  making  a  complete 
record  of  all  proceedings.    Members  of  the  school-district  board  have  not 
the  right  to  enter  into  contract  obligating  said  board  outside  of  a  regular 
meeting,  and  such  meeting  is  not  legal  unless  all  members  have  been 
notified  of  the  call  for  the  same. 

110.  A  clerk  can  legally  draw  an  order  upon  the  treasurer  for  the 
disbursement  of  moneys  without  a  meeting  of  the  district  board,  if  the 
same  has  been  authorized  by  a  district  meeting  or  by  the  district  board 
at  any  prior  meeting.     Example:    Order  for  teacher's  wages. 

111.  Should  the  director  or  other  member  of  the  board  refuse  to  sign  a 
legal  order,  payable  to   any  party  legally  entitled   to   receive  it,   such 
officer  may  be  compelled,  by  writ  of  mandamus,  to  sign. 

112.  This  section  should  be  amended  to  be  in  harmony  with  section 
256,  which  fixes  the  date  of  the  annual  meeting  for  the  second  Friday  in 
April.    The  school  census  can  not  be  reported  before  the  annual  meeting, 
since  it  must  show  the  number  of  persons  of  school  age  on  the  date  of 
June  30. 

113.  See  sections  187  and  188  of  this  book. 


CH.  10]  DISTRICT  OFFICERS.  113 

teacher,  the  length  of  time  taught  by  each  teacher,  and  wages 
paid ;  (4)  the  amount  of  money  received  from  the  county  treas- 
urer, arising  from  disbursement  of  the  state  annual  school 
fund,  the  amount  received  from  district  taxes,  and  the  amount 
received  from  all  other  sources  during  the  year,  and  the  man- 
ner in  which  the  same  has  been  expended;  (5)  the  amount  of 
money  raised  by  the  district  each  year,  and  the  purposes  for 
which  it  was  raised;  (6)  the  kind  of  books  used  in  the  schools, 
and  such  other  facts  and  statistics  in  regard  to  the  district 
school  as  the  county  superintendent  may  require.  (Laws  1889, 
ch.  220,  sec.  2.) 

SEC.  313.  County  Treasurers.  [7451.]  All  county  treasur- 
ers in  this  state  are  hereby  required  to  notify  clerks  of  all 
school  districts  in  their  respective  counties,  by  mail  or  other- 
wise, ten  days  prior  to  the  time  fixed  by  law  for  holding  the 
annual  district  meeting,  of  the  amount  of  money  drawn  from 
the  treasury  by  the  district  treasurer  of  his  district  since  the 
commencement  of  the  past  school  year,  and  shall  also  state  in 
the  same  notification  the  balance  remaining  on  hand,  if  any,  in 
the  county  treasury  to  the  credit  of  the  respective  districts. 
(Laws  1889,  ch.  220,  sec.  3.) 

SEC.  314.  Treasurer  Pay  No  Money,  When.  [7452.]  The 
county  treasurer  shall  pay  no  money  to  the  district  treasurers 
of  his  county  after  the  close  of  the  school  year,  June  30,  until 
after  the  annual  district  meetings  of  the  school  districts  have 
been  held.  (Laws  1889,  ch.  220,  sec.  4.) 

SEC.  315.  Clerk  of  Joint  District.  [7453.]  Whenever  a 
school  district  shall  lie  partly  in  two  or  more  counties,  the  clerk 
of  such  district  in  making  his  annual  report  shall  carefully 
designate  the  number  of  children  resident  in  the  parts  of  the 
counties  composing  the  district,  and  shall  report  to  the  county 
superintendent  of  public  instruction  of  each  of  the  counties  in 
which  such  district  may  be  partly  situated.  (Laws  1876,  ch. 
122,  art.  4,  sec.  9.) 

SEC.  316.  False  Report;  Penalty.  [7454.]  Every  clerk  of 
a  district  who  shall  willfully  sign  a  false  report  to  the  county 
superintendent  of  his  county  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punished  by  a  fine  not  exceeding  $100,  or  by 
imprisonment  not  exceeding  three  months.  (Laws  1876,  ch. 
122,  art.  4,  sec.  10.) 

SEC.  317.  Report  to  County  Clerk.  [7455.]  It  shall  be  the 
duty  of  the  several  district  clerks  in  this  state  to  make  out  a 
certified  list  of  all  persons  residing  within  their  respective  dis- 
tricts liable  to  pay  taxes,  and  transmit  the  same  to  the  county 
clerks  of  their  respective  counties  on  or  before  the  25th  day  of 
August  annually,  except  in  incorporated  cities.  (Laws  1876, 
ch.  122,  art.  4,  sec.  11.) 

SEC.  318.    Penalty  for  Failure  to  Report.    [7456.]    Any  dis- 


114  DISTRICT  OFFICERS.  [CH.  10 

trict  clerk  who  shall  fail  to  report  the  tax  voted  by  his  district 
to  the  county  clerk,  as  is  provided  by  law,  shall  be  liable  to  a 
fine  of  not  less  than  fifty  dollars;  and  it  is  hereby  made  the 
duty  of  the  county  superintendent  to  have  the  provisions  of  this 
act  enforced.  (Laws  1876,  ch.  122,  art.  4,  sec.  12.) 

SEC.  319.  Report  to  County  Superintendent.  [7457.]  The 
district  clerk  shall  report  to  the  county  superintendent  in  writ- 
ing the  names  and  post-office  addresses  of  the  district  officers 
elect,  within  two  weeks  after  the  said  officers  shall  have  been 
elected  or  appointed  and  qualified.  The  clerk  shall  also  report 
to  the  county  superintendent  the  time  of  the  commencement  of 
each  term  of  school,  within  two  weeks  from  the  commence- 
ment of  such  term.  (Laws  1876,  ch.  122,  art.  4,  sec.  13.) 

SEC.  320.  Report  of  Indebtedness.  [9604.]  That  in  addition 
to  the  duties  now  required  by  law  of  the  following  officers,  to 
wit,  township  clerks  and  clerks  of  incorporated  cities,  school- 
district  clerks  and  clerks  of  boards  of  education,  they  shall 
each  of  them  make  and  transmit  to  the  clerk  of  their  respec- 
tive counties,  on  or  before  the  5th  day  of  July  in  each  year,  a 
complete  certified  statement  of  the  floating  and  bonded  in- 
debtedness, with  date  of  issuing  and  maturing  of  outstanding 
bonds;  amount  of  sinking-fund,  if  any,  for  redeeming  the 
same;  and  such  other  information  as  may  be  required  by  the 
county  clerk  concerning  the  financial  condition  of  their  re- 
spective townships,  cities,  or  districts ;  and  when  no  outstand- 
ing indebtedness  exists,  such  fact  shall  be  reported.  (Laws 
1877,  ch.  90,  sec.  1.) 

SEC.  321.  Records.  [7464.]  Every  school-district  clerk  or 
treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor 
in  office  all  records,  books  and  papers  belonging  to  his  office 
shall  be  subject  to  a  fine  not  exceeding  fifty  dollars.  (Laws 
1876,  ch.  122,  art.  4,  sec.  20.) 

SEC.  322.  Treasurer;  Bond.  [7458.]  The  treasurer  shall 
execute  to  the  district  a  bond  in  double  the  amount,  as  near 
as  can  be  ascertained,  to  come  into  his  hands  as  treasurer 
during  the  year,  with  sufficient  securities,  to  be  approved  by 
the  director  and  clerk,  conditioned  to  the  faithful  discharge 
of  the  duties  of  said  office.114  Such  bond  shall  be  justified  by 
the  affidavit  of  the  principal  and  his  sureties;  provided,  that 
the  director  of  the  district  or  the  county  superintendent  of 
public  instruction  shall  be  authorized  to  administer  the  oaths  in 
the  justification  of  the  treasurer  and  his  sureties.  And  said 
bond  shall  be  filed  with  the  district  clerk,  and  in  case  of  the 
breach  of  any  conditions  thereof,  the  director  shall  cause  a 

114.  It  is  not  proper  for  either  the  director  or  the  clerk  to  become 
surety  for  the  treasurer.  It  is  not  necessary  that  the  treasurer's  bonds- 
men be  residents  of  the  district,  though  they  ought  to  reside  in  the  county. 
The  bond  becoming  insufficient  from  any  cause,  the  director  and  clerk 
may  require  the  bond  to  be  made  good. 


CH.  10]  DISTRICT  OFFICERS.  115 

suit  to  be  commenced  thereon,  in  the  name  of  the  district, 
and  the  money  collected  shall  be  applied  by  such  director  to 
the  use  of  the  district,  as  the  same  should  have  been  applied 
by  the  treasurer ;  and  if  such  director  shall  neglect  or  refuse  to 
prosecute,  then  any  householder  in  the  district  may  cause  such 
prosecution  to  be  instituted.  (Laws  1879,  ch.  156,  sec.  1.) 

SEC.  323.  Duties  of  Treasurer.  [7459.]  The  treasurer  of 
each  district  shall  pay  out,  on  the  order  of  the  clerk,  signed 
by  the  director  of  the  district,  all  public  moneys  which  shall 
come  into  his  hands  for  the  use  of  the  district.115  (Laws  1876, 
ch.  122,  art.  4,  sec.  15.) 

SEC.  324.  Receive  School  Moneys.  [7460.]  The  county 
treasurer  shall  pay  to  each  district  treasurer  in  the  county  all 
school  moneys  in  the  county  treasury  belonging  to  the  dis- 
trict, upon  the  order  of  the  director  and  clerk  of  the  district; 
provided,  that  said  order  shall  be  accompanied  by  a  certificate 
from  the  district  clerk,  stating  that  the  treasurer  of  the  dis- 
trict has  executed  and  filed  his  bond  as  required  by  law.  (Laws 
1876,  ch.  122,  art.  4,  sec.  16.) 

SEC.  325.  District  Taxes.  [7461.]  Where  a  school  district 
tax  has  been  voted,  and  from  the  fault  or  negligence  of  any 
officer,  or  any  other  cause,  has  not  been  levied  and  collected  in 
any  year,  the  same  shall  be  added  to  and  collected  with  the 
taxes  of  the  year  following ;  and  the  county  treasurer  shall  pay 
over  to  the  treasurers  of  the  respective  school  districts  all 
taxes  he  may  have  collected  for  the  said  districts,  on  the  order 
of  the  district  clerk,  countersigned  by  the  director,  subject  to 
the  proviso  contained  in  section  52  of  this  act.116  (Laws  1876, 
ch.  122,  art.  4,  sec.  17.) 

SEC.  326,  Records  and  Reports.  [7462.]  The  treasurer  shall 
keep  a  book  in  which  he  shall  enter  all  the  moneys  received 
and  disbursed  by  him,  specifying  particularly  the  sources  from 
which  money  has  been  received  and  the  person  or  persons  to 
whom  and  the  objects  for  which  the  same  has  been  paid  out. 
He  shall  present  to  the  district,  at  each  annual  meeting,  a 
report  in  writing,  containing  a  statement  of  all  moneys  re- 
ceived by  him  from  the  county  treasurer  during  the  year;  also, 
all  moneys  collected  by  him  during  the  year  from  assessments 
in  the  district,  and  of  the  disbursements  made  by  him,  with 
the  items  of  such  disbursements,  and  exhibit  the  vouchers 
therefor,  which  report  shall  be  recorded  by  the  district  clerk ; 
and  at  the  close  of  his  term  of  office  shall  settle  with  the  dis- 
trict board,  and  shall  hand  over  to  his  successor  said  book, 

115.  Registration.     When  a  warrant  is  presented  and  not  paid  for 
want  of  funds,  it  is  the  duty  of  the  treasurer  to  register  the  same,  and, 
when  the  proper  funds  are  received,  to  pay  said  warrant,  and  all  others 
which  have  been  similarly  presented,  in  the  regular  order  of  registration. 

116.  Section  324  of  this  book. 


116  DISTRICT  OFFICERS.  [CH.  10 

and  all  receipts,  vouchers,  orders  and  papers  coming  into  his 
hands  as  treasurer  of  the  district,  together  with  all  the 
moneys  remaining  in  his  hands  as  such  treasurer.  (Laws 
1876,  ch.  122,  art.  4,  sec.  18.) 

SEC.  327.  Prosecution  for  Failure.  [7463.]  If  any  district 
treasurer  shall  refuse  or  neglect  to  pay  over  any  money  in  his 
hands  belonging  to  the  district,  it  shall  be  the  duty  of  his 
successor  in  office  to  prosecute  without  delay  the  official  bond 
of  such  treasurer,  for  the  recovery  of  such  money.117  (Laws 
1876,  ch.  122,  art.  4,  sec.  19.) 

SEC.  328.  Powers  of  Board.  [7465.]  The  district  board 
shall  purchase  or  lease  such  a  site  for  a  schoolhouse  as  shall 
have  been  designated  by  the  voters  at  a  district  meeting,  in 
the  corporate  name  thereof,  and  shall  build,  hire  or  purchase 
such  schoolhouse  as  the  voters  of  the  district  in  a  district 
meeting  shall  have  agreed  upon,  out  of  the  funds  provided  for 
that  purpose,  and  make  sale  of  any  schoolhouse  site  or  other 
property  of  the  district,  and,  if  necessary,  execute  a  convey- 
ance of  the  same  in  the  name  of  their  office,  when  lawfully 
directed  by  the  voters  of  such  district  at  any  regular  or  special 
meeting,  and  shall  carry  into  effect  all  lawful  orders  of  the 
district.  (Laws  1876,  ch.  122,  art.  4,  sec.  21.) 

SEC.  329.  School  Property.  [7466.]  The  district  board 
shall  have  the  care  and  keeping  of  the  schoolhouse  and  other 
property  belonging  to  the  district.  They  shall  have  power  to 
make  such  rules  and  regulations  relating  to  the  district  library 
as  they  may  deem  proper,  and  to  appoint  some  suitable  person 
to  act  as  librarian,  and  to  take  charge  of  the  school  apparatus 
belonging  to  the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  22.) 

SEC.  330.  Use  of  Schoolhouse.  [Laws  1913,  ch.  284,  sec.  1.] 
That  section  7476  of  the  General  Statutes  of  1909  is  hereby 
amended  so  as  to  read  as  follows :  Sec.  7476.  The  district  board 
shall  have  the  care  and  keeping  of  the  schoolhouse  and  other 
property  belonging  to  the  district.  They  are  hereby  author- 
ized118 to  open  the  schoolhouse  for  the  use  of  religious,  polit- 
ical, literary,  scientific,  mechanical,  or  agricultural  societies, 
or  societies  for  the  suppression  of  crime  belonging  to  their 
district,  for  the  purpose  of  holding  the  business  or  public 
meetings  of  said  societies,  under  such  regulations  as  the  school 
board  may  adopt ;  but  it  shall  be  unlawful  for  the  school  board 
to  act  arbitrarily  or  partially  in  the  matter  of  prescribing 
regulations  for  the  use  of  the  schoolhouse;  and  any  abuse  of 
their  powers  by  the  school-district  board  may  be  corrected  by 

117.  See  section  321  of  this  book  for  penalty  for  refusing  or  neglecting 
to  turn  over  all  records  to  successor. 

118.  This  does  not  mean  that  school  boards  must  open  the  schoolhouse 
for  the  purposes  mentioned,  but  that  they  may,  if  they  think  it  best  to 
do  so. 


.CM.  10]  DISTRICT   OFFICERS.  117 

the  district  court  through  mandamus  or  injunction  on  the 
application  of  any  of  the  aforementioned  societies.119 

SEC.  331.  Water-closets.  [7747.]  That  the  school  boards 
and  boards  of  education  having  supervision  over  any  school 
district  in  this  state  shall  provide  and  maintain  suitable  and 
convenient  water-closets  for  each  of  the  schools  under  their 
charge  or  supervision.  There  shall  be  at  least  two  in  number, 
which  shall  be  entirely  separate  from  each  other.  It  shall  be 
the  duty  of  the  officers  aforesaid  to  see  that  the  same  are  kept 
in  a  neat  and  wholesome  condition ;  and  failure  to  comply  with 
the  provisions  of  this  act  by  the  aforesaid  officers  shall  be 
grounds  for  their  removal  from  office.  (Laws  1891,  ch.  197, 
sec.  1.) 

SEC.  332.  Removal  of  Schoolhouse,  etc.  [7475.]  That  when- 
ever a  schoolhouse  or  other  improvements  have  been  made 
upon  the  claim  of  any  settler  upon  any  of  the  public,  Indian 
or  railroad  lands  within  this  state,  to  which  the  said  settler 
had  no  title,  it  shall  be  lawful  for  the  school  directors  of  the 
proper  school  district  to  remove  the  said  schoolhouse  or  other 
improvements  from  the  said  claim  at  any  time  within  one 
year  from  the  time  that  the  settler  in  any  given  case  may 
acquire  a  title  to  his  said  claim ;  provided,  that  if  the  said  set- 
tler, in  any  given  case,  shall  convey  to  said  board  of  school 
directors  one  acre  of  the  land  upon  which  said  schoolhouse  or 
other  improvements  are  situated,  the  same  shall  not  be  re- 
moved; and  provided  further,  that  if  any  schoolhouse  shall 
have  been  built  of  stone,  brick,  or  frame,  costing  not  less  than 
$500,  the  probate  judge  of  the  county  shall  appoint  three  dis- 
interested persons,  who  shall  appraise  and  condemn  one  acre 
of  such  land  upon  which  said  improvements  shall  have  been 
located;  and  it  shall  be  the  duty  of  the  school  director  of  such 
district  to  pay  the  owner  of  such  land  the  value  of  such  land  as 
found  by  said  appraisers.  (Laws  1876,  ch.  122,  art.  4,  sec.  32.) 

SEC.  333.  Non-resident^  Pupils.  [7467.]  The  district  board 
shall  have  power  to  admit  scholars  from  adjoining  districts. 
(Laws  1876,  ch.  122,  art.  4,  sec.  23.) 

SEC.  334.  Teachers.  [7468.]  The  district  board  in  each 
district  shall  contract  with  and  hire  qualified  teachers120  for 

119.  The  law  restricts  the  board  to  the  several  societies  named  in  this 
section.     The  board  can  not  legally  open  the  schoolhouse  for  other  uses 
aside  from  the  use  of  the  schoolhouse  for  all  business  connected  directly 
with  the  schools  of  the  district. 

120.  It  is  held   (1)    that  a  "qualified"  teacher  is  one  holding  a  legal 
certificate;  a  contract  with  any  other  than  a  legally  qualified  teacher  is 
not  a  legal  contract;    (2)   should  the  teacher's  certificate  expire  by  limit 
of  date  during  a  term  of  school,  said  teacher  must  procure  a  new  certifi- 
cate or  the  contract  becomes  null  and  void;  and  (3)   a  contract  to  teach 
made  by  a  district  board  with  a  member  of  said  board  is  contrary  to 
public  policy.    See  note  96  as  to  the  lack  of  authority  of  the  district  meet- 
ing to  determine  who  the  teacher  shall  be. 


113  DISTRICT  OFFICERS.  [CH.  10- 

and  in  the  name  of  the  district,121  which  contract  shall  be  in 
writing,  and  shall  specify  the  wages  per  week  or  month  as 
agreed  upon  by  the  parties,  and  such  contract  shall  be  filed 
in  the  district  clerk's  office,122  and,  in  conjunction  with  the 
county  superintendent,  may  dismiss  for  incompetency,  cruelty, 
negligence,  or  immorality.123  (Laws  1876,  ch.  122,  art.  4,  sec. 
24.) 

SEC.  335.  Employment  of  Relatives.  [7524.]  Any  person 
being  related  to  a  school-district  officer  as  husband  or  wife,  son 
or  daughter,  shall  not  be  eligible  to  the  position  of  teacher  in 
such  school  district,  unless  employed  by  a  unanimous  vote  of 
all  the  members  of  such  board.  (Laws  1901,  ch.  304,  sec.  1.) 

SEC.  336.  Contracts  Void,  [7525.]  Any  contract  made  in 
violation  of  this  act124  shall  be  null  and  void,  and  any  school- 
district  officer  so  violating  shall  be  liable  to  the  person  or  per- 
sons so  employed  for  all  claims  such  person  or  persons  may 
have  against  such  district  for  wages.  (Laws  1901,  ch.  304, 
sec.  2.) 

SEC.  337.  Records  and  Reports.  [7484.]  It  shall  be  the 
duty  of  the  teachers  of  every  district  school  or  graded  school 
to  keep,  in  a  register  for  this  purpose,  a  daily  record  of  the 
attendance  and  the  deportment  of  each  pupil,  and  of  the 
recitations  of  each  pupil  in  the  several  branches  pursued  in 
said  school,  and  to  make  out  and  file  with  the  district  clerk, 
at  the  expiration  of  each  term  of  the  school,  a'full  report  of 
the  whole  number  of  scholars  admitted  to  school  during  such 
term,  distinguishing  between  male  and  female,  the  text-books 
used,  the  branches  taught,  and  the  number  of  pupils  engaged 
in  the  study  of  said  branches,  and  any  other  information  the 
district  board  or  county  superintendent  may  require.125  The 
wages  of  a  teacher  for  the  last  month  of  a  school  term  shall 
not  be  paid  by  any  district  board,  unless  said  teacher  shall 

121.  Co'ntract.    It  is  not  legal  for  a  school-district  board,  previous  to 
the  annual  meeting,  to  employ  teachers  for  the  new  term  of  school. 

122.  Teachers  are  entitled  to  pay  for  the  time  during  which  school  is 
dismissed  due  to  the  prevalence  of  a  contagious  disease  in  the  district. 

123.  Janitor  Work.    In  the  absence  of  any  law  making  it  the  duty  of 
the  teacher  to  assume  the  responsibility  of  janitor  work  necessary  for  the 
comfort  and  good  order  of  the  school  under  her  charge,  such  work  being 
necessary  and  indispensable,   and  further,   since  the  provision   for  the 
equipment  of  the  school  is  clearly  the  duty  of  the  board,  the  inference 
certainly  must  be  that  the  care  of  the  schoolhouse  property  belongs  to  the 
district  board,  and  in  no  way  can  it  be  construed  as  a  part  of  the  teach- 
er's duties,  unless  the  contract  entered  into  by  the  same  shall  so  provide. 
Teachers  can  not  collect  pay  for  janitor  service  unless  the  contract  so 
provides. 

124.  See  section  335  of  this  book. 

125.  See  section  187  of  this  book  for  additional  reports  required  under 
the  compulsory-education  law. 


CH.  10]  DISTRICT  OFFICERS.  119 

have  complied  with  the  requirements  of  this  section.     (Laws 
1876,  ch.  122,  art.  6,  sec.  1.) 

SEC.  338.  Necessary  Appendages.  [6469.]  The  district 
board  shall  provide  the  necessary  appendages126  for  the  school- 
house  during  the  time  a  school  is  taught  therein,  and  shall  keep 
an  accurate  account  of  all  expenses  thus  incurred,  and  present 
the  same  for  allowance  at  any  regular  district  meeting.  (Laws 
1876,  ch.  122,  art.  4,  sec.  25.) 

SEC.  339.  Suspend  Pupil;  Appeal.  [7470.]  The  district 
board  may  suspend,  or  authorize  the  director  to  suspend,127 
from  the  privileges  of  a  school,  any  pupil  guilty  of  immorality 
or  persistent  violations  of  the  regulations  of  the  school,  which 
suspension  shall  not  extend  beyond  the  current  quarter  of  the 
school ;  provided,  that  the  pupil  suspended  shall  have  the  right 
to  appeal  from  the  decision  of  said  board  of  directors  to  the 
county  superintendent,  who  shall,  upon  a  full  investigation  of 
the  charges  preferred  against  said  pupil,  determine  as  to  his 
guilt  or  innocence  of  the  offense  charged,  whose  decision  shall 
be  final.128  (Laws  1876,  ch.  122,  art.  4,  sec.  26.) 

SEC.  340.  District  Board's  School  Duties.  [7471.]  The 
district  board  shall  furnish  each  teacher  with  a  suitable  daily 
register,  and  shall  visit  together,  or  by  one  or  two  of  their 
number,  all  the  schools  of  their  district,  at  least  once  a  term, 
and  at  such  other  periods  during  the  term  is  in  their  opinion 
the  exigencies  of  each  school  may  require;  at  which  visits 
they  shall  examine  the  register  of  the  teacher  and  see  that  it 
is  properly  kept,  and  inquire  into  other  matters  touching  the 
schoolhouse,  facilities  for  ventilation,  furniture,  apparatus, 
library,  studies,  discipline,  modes  of  teaching,  and  improve- 

126.  The  term  "appendages"  should  be  construed  broadly,  so  as  to  in- 
clude necessary  improvements,  such  as  well,  privy,  fence,  etc.     (30  Kan. 
378.) 

127.  Pupils  between  the  ages  of  eight  and  fifteen  can  be  suspended 
only  temporarily,  when  they  are  required  by  the  compulsory-attendance 
law  to  attend  school.    (See  section  183.)     Cases  of  incorrigibility  come 
within  the  jurisdiction  of  the  juvenile  court  when  the  accused  is  under 
the  age  of  sixteen  years.     (See  section  183.) 

128.  The  right  of  the  teacher  to  punish  for  misconduct  extends  from 
the  time  the  pupil  leaves  home  to  go  to  school  until  he  returns  home  from 
school.     This,  however,  does  not  relieve  the  parent  from  control  of  the 
child  on  his  way  to  and  from  school.     The  control  of  school  children  on 
their  way  to  and  from  school  should  be  exercised  concurrently  by  the 
parents    and   teacher.      In   case   of   grave   misconduct,   the  teacher   can 
suspend  a  pupil  until  the  board  can  be  notified  of  such  action,  except 
when  required  by  the  compulsory-attendance  law  to  attend  school.     Due 
diligence  must  be  used  by  the  teacher  to  serve  notice  on  the  board. 


120  DISTRICT  OFFICERS.  [CH.  10 

ment  of  the  school  ;129  shall  confer  with  the  teacher  in  regard 
to  condition  and  management,  and  make  such  suggestions  as 
in  their  view  would  promote  the  interest  and  efficiency  of  the 
school  and  the  progress  and  good  order  of  the  pupils.  The  date 
and  results  of  such  visits  shall  be  entered  by  the  clerk  of  the 
board  on  their  minutes.130  (Laws  1876,  ch.  122,  art.  4,  sec.  27.) 

SEC.  341.  Taxes;  Clerk  to  Certify;  Commissioners  to  Levy; 
Limit.  [Laws  1911,  ch.  271,  sec.  1.]  That  section  7473  of  the 
General  Statutes  of  1909  is  hereby  amended  so  as  to  read  as 
follows :  Sec.  7473.  It  shall  be  the  duty  of  the  school-district 
clerk  to  certify  to  the  county  commissioners  of  their  respective 
counties,  on  or  before  the  25th  day  of  July,  annually,  the 
aggregate  amount  by  them  determined  in  each  district  to  be 
necessary  for  school  purposes.  Upon  the  receipt  of  such  cer- 
tification the  county  commissioners  shall,  on  or  before  the  first 
Monday  in  August,  annually,  levy  on  the  real  and  personal 
property  in  each  district,  as  returned  by  the  assessment  roll 
of  the  county,  a  percentage  which  will  produce  an  amount 
equal  to  and  not  exceeding  by  more  than  five  per  cent  the 
amount  certified  by  the  district  clerk;  provided,  however,  no 
levy  shall  exceed  four  and  one-half  mills.  And  the  county 
clerk  is  hereby  authorized  .and  required  to  place  the  same  on 
the  tax  roll  of  said  county,  in  a  separate  column  or  columns, 
designating  the  purpose  for  which  such  taxes  were  levied ;  and 
the  said  taxes  shall  be  collected  by  the  county  treasurer  and 
paid  over  to  the  treasurers  of  the  respective  school  districts 
in  the  county,  with  the  same  power  and  restrictions  and  under 
the  same  regulations  and  in  all  respects  as  to  the  sale  of  real 
or  personal  property.  He  shall  be  authorized  and  he  is  hereby 
required  to  act  according  to  the  provisions  and  requisitions 
of  the  law  for  the  collection  of  taxes  for  state  and  county 
purposes. 

SEC.  342.  Judgments.  [7474.]  Whenever  any  final  judg- 
ment shall  be  obtained  against  any  school  district,  the  district 
board  shall  levy  a  tax  on  such  taxable  property  in  the  district 

129.  A  school  board  has  a  right  to  make  a  rule  requiring  constant  and 
prompt  attendance  at  school,  such  a  rule  having  in  view  the  securing  of 
the  very  object  contemplated  in  the  law  establishing  public  schools.     The 
interests  of  the  pupil  and  of  all  the  members  of  the  school  require  prompt- 
ness and  regularity  in  attendance.    Courts  have  held  that  such  a  rule  may 
be  enforced.     See  chapter  VI  of  this  book. 

130.  Powers  of  District  Board.     The  district  board  has  the  power  to 
prescribe  the  necessary  rules  and  regulations  for  the  management  and 
government  of  the  school.     They  may  require  a  classification  of  pupils 
with  respect  to  the  branches  of  study  pursued,  and  with  respect  to  pro- 
ficiency or  degree  of  advancement  in  the  same,  and  that  there  shall  be 
prompt   attendance,   diligence   in    study,    and    proper   deportment.      The 
course  of  study  is  prescribed  by  the  State  Board  of  Education.    (See  sec- 
tions 46  and  286  to  293  of  this  book.) 


CH.  10]  UNION   OR   GRADED-SCHOOL  DISTRICTS.  121 

for  the  payment  thereof.131  Such  tax  shall  be  collected  as  other 
school-district  taxes,  but  no  execution  shall  issue  on  such 
judgment  against  the  school  district;  and  in  case  the  district 
board  neglect  to  levy  a  tax  as  aforesaid  for  the  space  of  thirty 
days  after  such  judgment  shall  become  final,  or  in  case  the 
proper  officer  shall  neglect  to  collect  the  tax  levied  within  the 
time  and  in  the  manner  provided  by  law,  then  the  judgment 
creditor  of  the  district  may  have  and  recover  a  judgment 
against  the  officer  or  officers  so  in  default  for  the  amount  due 
him  on  such  judgment  against  the  district,  with  costs,  upon 
which  execution  shall  issue.  (Laws  1876,  ch.  122,  art.  4, 
sec.  31.) 

ARTICLE  VI. — UNION  OR  GRADED-SCHOOL  DISTRICTS.132 

NOTE. — A  union  or  graded  school  is  to  be  distinguished  from  a  con- 
solidated school  provided  for  by  chapter  VII. 


$343.  Graded  schools,  how  established. 

344.  Powers  and  duties  of  directors. 

345.  May  levy  taxes. 

346.  Authority  to  issue  bonds. 

347.  Duties  of  clerk  of  union  district. 

348.  Duties  of  treasurer  of  union  district. 


§349.  Public  schools  in  cities  shall  receive 
their  share  of  public-school  funds, 
on  what  condition. 

350.    Any    single    district    may    establish 
graded  schools. 


SECTION  343.  How  Formed.  [7535.]  Whenever  the  inhab- 
itants of  two  or  more  school  districts  may  wish  to  unite  for 
the  purpose  of  establishing  a  graded  school  in  which  instruc- 
tion shall  be  given  in  the  higher  grades  of  education,  the 
clerks  of  the  several  districts  shall,  upon  a  written  application 
of  five  voters  of  the  respective  districts,  call  a  meeting  of  the 
voters  of  such  districts  at  some  convenient  place,  by  posting 
up  written  notices  .thereof  in  like  manner  as  provided  for  call- 
ing district  meetings;  and  if  a  majority  of  the  voters  in  each 
of  the  two  or  more  districts  shall  vote  to  unite  for  the  pur- 
pose herein  stated,  they  shall,  at  that  meeting  or  at  an  ad- 
journed meeting,  elect  a  board  of  directors,  consisting  of  a  di- 
rector, clerk,  and  treasurer.  (Laws  1876,  ch.  122,  art.  7,  sec.  1.) 

SEC.  344.  Duties  of  Board.  [7536.]  The  board  of  directors 
provided  in  the  preceding  section  shall,  in  all  matters  relating 
to  the  graded  schools,  possess  all  the  powers  and  discharge  all 
the  like  duties  of  the  district  board  of  directors,  as  prescribed 
in  this  act.  (Laws  1876,  ch.  122,  art.  7,  sec.  2.) 

SEC.  345.  Union  District  May  Levy  Taxes.  [Laws  1913, 
ch.  280,  sec.  1.]  That  section  7538  of  the  General  Statutes  of 

131.  A  judgment  tax  may  be  levied  in  addition  to  the  four  and  one- 
half  mills  for  general  school  purposes,  and  the  amount  of  tax  which  may 
be  levied  to  pay  a  judgment  is  not  limited. 

132.  The   individual   districts  may  still   conduct  their  usual   district 
schools  but  be  a  part  of  this  union  district  for  instruction  in  the  higher 
branches.    The  plan  is  virtually  to  provide  a  central  high  school.    A  reso- 
lution adopted  at  an  annual  meeting  or  at  a  special  meeting  called  for  the 
purpose  is  necessary  before  a  graded  school  is  subject  to  the  provisions 
of  this  act.     Other  graded  schools  are  not  governed  by  the  provisions  of 
this  act. 


122  UNION   OR   GRADED-SCHOOL  DISTRICTS.  [CH.  10 

Kansas  of  1909  be  amended  to  read  as  follows:  The  said 
union  district  may  levy  taxes  for  the  purpose  of  purchasing  a 
building  or  furnishing  proper  buildings  for  the  accommodation 
of  the  school,  or  for  the  purpose  of  defraying  necessary  ex- 
penses and  paying  teachers,  but  shall  be  governed  in  all  respects 
by  the  law  provided  for  levying  and  collecting  district  taxes. 

SEC.  346.  Authority  to  Issue  Bonds.  [Laws  1913,  ch.  281, 
sec.  1.]  That  for  the  purpose  building,  erecting,  construct- 
ing or  purchasing  one  or  more  schoolhouses,  the  union  or 
graded-school  districts  organized  and  existing  under  chapter 
122  of  the  Laws  of  1876  and  the  acts  amendatory  thereof  and 
supplemental  thereto,  the  boards  of  directors  of  such  union  or 
graded-school  districts  are  hereby  authorized  to  issue  bonds. 
Said  bonds  shall  be  issued  in  all  respects  in  conformity  with 
the  provisions  of  the  law  relative  to  the  issuance  of  bonds  of 
school  districts  and  subject  to  the  same  limitations. 

SEC.  347.  Clerk.  [7540.]  The  clerk  of  the  union  district 
shall  make  a  report  to  the  county  superintendent  of  public  in- 
struction, and  discharge  all  the  duties  of  clerk  in  like  manner 
as  clerk  of  the  district.  (Laws  1876,  ch.  122,  art.  7,  sec.  6.) 

SEC.  348.  Treasurer.  [7541.]  The  treasurer  of  the  union 
district  shall  perform  all  the  duties  of  treasurer  as  prescribed 
in  this  act,  in  like  manner  as  the  district  treasurer.  (Laws 
1876,  ch.  122,  art.  7,  sec.  7.) 

SEC.  349.  Apportionment  to  Cities.  [7542.]  The  public 
schools  of  any  city,  town,  or  village,  which  may  be  regulated 
by  special  law  set  forth  in  the  charter  of  said  city,  town,  or 
village,  shall  be  entitled  to  receive  their  proportion  of  the 
public-school  fund ;  provided,  the  clerk  of  the  board  of  educa- 
tion in  such  city,  town  or  village  shall  make  due  report,  within 
the  time  and  manner  prescribed  in  this  act,  to  the  county 
superintendent  of  public  instruction.  (Laws  1876,  ch.  122, 
art.  7,  sec.  8.) 

SEC.  350.  Single  District.  [7543.]  Any  single  district  shall 
possess  power  to  establish  graded  schools  subject  to  the  pro- 
visions of  this  article,  in  like  manner  as  two  or  more  districts 
united ;  provided,  however,  the  regular  district  board  of  direc- 
tors of  the  district  shall  have  the  power  and  shall  have  the 
management  of  the  schools  of  the  district  and  grade  them  in 
accordance  with  the  action  of  the  annual  district  meeting,  and 
employ  teachers  and  do  all  things  pertaining  to  the  union 
graded  schools,  without  an  additional  board  of  directors,  where 
a  single  district  composes  the  union  graded-school  district; 
and  provided  further,  that  the  director,  clerk  and  treasurer  of 
the  regular  district  board  shall  possess  all  the  powers  to  man- 
age the  union  graded-school  district  when  a  single  district 
composes  the  union  graded-school  district  as  the  director,  clerk 
and  treasurer  have  in  union  or  graded-school  districts  com- 
posed of  two  or  more  districts.  (Laws  1907,  ch.  331,  sec.  1.) 


CH.  11]  FINES  AND   PENALTIES.  123 


CHAPTER  XI.— FINES  AND  PENALTIES. 

(54.    Officers  prohibited  from  taking  con- 


tracts,   doing   work   for   profit,   or 
furnishing  material. 


§351.    Jurisdiction  of  justices  of  the  peace. 

352.  Fines  and  penalties,  how  collected. 

353.  Penalty    for    receiving    bonus    from 

publisher  of  school-books. 

SECTION  351.  Jurisdiction.  [7549.]  Justices  of  the  peace 
shall  have  jurisdiction  in  all  cases  in  which  a  school  district 
is  a  party  interested,  when  the  amount  claimed  by  the  plain- 
tiff shall  not  exceed  $100 ;  and  the  parties  shall  have  the  right 
of  appeal,  as  in  other  cases.  (Laws  1876,  ch.  122,  art.  9, 
sec.  1.) 

SEC.  352.  How  Collected.  [7550.]  All  fines  and  penalties 
not  otherwise  provided  for  in  this  act  shall  be  collected  by  an 
action  in  any  court  of  competent  jurisdiction.  (Laws  1876, 
ch.  122,  art.  9,  sec.  2.) 

SEC.  352.  Penalty  for  Receiving  Bonus.  [7551.]  If  the 
state  superintendent,  or  any  county  superintendent  of  public 
instruction,  shall  receive  from  the  publisher  of  any  school- 
books,  or  from  any  other  person  interested  in  the  sale  or  in- 
troduction of  any  book  into  the  public  schools  in  the  state,  any 
money  or  bonus  in  any  manner  as  an  inducement  for  the  recom- 
mendation or  introduction  of  any  such  book  into  the  public 
schools  of  the  state,  such  superintendent  shall,  upon  conviction 
thereof  before  any  court  of  competent  jurisdiction,  be  found 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  not  less 
than  $1000  nor  exceeding  $5000,  or  shall  be  imprisoned  in  the 
penitentiary  for  any  time  not  less  than  one  year  nor  more  than 
five  years,  or  both  such  fine  and  imprisonment.  (Laws  1876, 
ch.  122,  art.  9,  sec.  3.) 

SEC.  354.  Officers  Prohibited  from  Taking  Contracts,  Doing 
Work  for  Profit,  or  Furnishing  Material.  [2873.]  That  all 
officers,  state  and  county,  and  all  officers  appointed  or  elected 
for  the  purpose  of  overseeing  and  directing  any  of  the  public 
improvements  of  the  state,  and  all  officers  holding  and  exer- 
cising any  office  of  trust  or  profit  under  and  by  virtue  of  any 
law  of  the  state,  be  and  they  are  hereby  prohibited  from  tak- 
ing any  contract,  or  performing  or  doing  or  having  performed 
or  done  for  their  own  profit,  any  work  in  and  about  the  office 
holden  by  them,  or  in  or  about  any  work  over  which  they 
have  in  whole  or  in  part  the  supervision,  direction  or  control, 
and  from  furnishing  any  materials  used  in  any  such  work, 
and  from  furnishing  for  the  use  of  any  institution,  public 
work,  county,  township,  Or  other  interest,  the  protection  of 
which  interest  is  a  part  of  the  duties  of  his  office,  any  fire- 
wood, clothing,  materials  for  building,  or  other  things  re- 
quired by  such  institution,  public  work,  county,  township  or 
other  interest  so  in  the  keeping,  in  whole  or  in  part,  of  such 
person.  (Laws  1867,  ch.  123.  sec.  4.) 


124 


FIRE   PROTECTION. 


[CH.    12 


CHAPTER  XII. — FIRE  PROTECTION. 


§355.     Doors  of  schoolhouses. 

356.  Exits,   fire-escapes. 

357.  Furnaces. 

358.  Plans  of  buildings  submitted  to  state 

architect. 


§359.  Inspection,  duty  of  school  boards. 

360.  Fire-drills. 

361.  Penalty. 

362.  Time  for  compliance. 


SECTION  355.  Doors  of  Schoolhouses.  [7851.]  That  the 
doors  of  all  public  or  private  schoolhouses  of  more  than  one 
story  shall  open  outwards,  and  all  doors  of  schoolhouses  shall 
remain  unlocked  while  school  is  in  session.  (Laws  1909,  ch. 
209,  sec.  1.) 

SEC.  356.  Exits,  Fire-escapes.  [7852.]  That  in  every  public 
or  private  schoolhouse  of  two  or  more  stories  every  story 
above  the  first  shall  be  provided  with  either  two  or  more  exits 
from  the  upper  floor  separate  and  distinct  from  the  exits  of  the 
lower  floor,  or  shall  be  provided  with  sufficient  and  suitable 
fire-escapes,133  which  shall  be  built  of  iron  or  steel.  (Laws 
1909,  ch.  209,  sec.  2.) 

SEC.  357.  Furnaces.  [7853.]  That  the  tops  of  all  furnaces 
in  public  and  private  schoolhouses  shall  be  covered  with  as- 
bestos covering  or  masonry,  and  the  top  of  such  furnace  shall 
not  be  nearer  than  eighteen  inches  to  the  nearest  woodwork 
above.  The  ceiling  above  said  furnaces  shall  be  covered  with 
asbestos.  (Laws  1909,  ch.  209,  sec.  3.) 

SEC.  358.  Plans  of  Buildings  Submitted  to  State  Architect. 
[7854.]  That  no  contract  shall  be  let  for  the  erection  of  any 
school  building,  nor  shall  any  public  funds  be  paid  out  for 
the  erection  of  schoolhouses  of  two  or  more  stories,  until  the 
plans  for  such  buildings  shall  have  been  submitted  to  the  state 
architect  and  approved  as  to  all  the  requirements  of  this  act. 
(Laws  1909,  ch.  209,  sec.  4.) 

SEC.  359.  Inspection;  Duty  of  School  Boards.  [7855.]  That 
each  county  superintendent 'shall  annually  inspect  each  public- 
school  building,  including  the  county-high-school  building,  in 
districts  under  his  supervision ;  and  the  mayor  or  fire  marshal 
shall  annually  inspect  all  public  and  private  school  buildings 
in  cities  of  the  second  class;  and  the  fire  marshal  shall  an- 
nually inspect  all  public  and  private  school  buildings  in  cities 
of  the  first  class.134  The  examining  officer  under  this  section 
shall  report  to  the  respective  school  boards  haying  jurisdiction 
any  violation  of  this  act,  or  any  conditions  which  he  may  deem 
dangerous,  or  which  will  in  any  way  prevent  a  speedy  exit 

133.  A  ladder  fire-escape  is  not  a  "suitable"  fire-escape  for  a  school 
house. 

134.  See  sections  845-847,  General  Statutes  of  1909,  concerning  the 
condemning  of  buildings  in  cities  of  the  third  class. 


CH.  12]  FIRE   PROTECTION.  125 

from  the  building,  and  it  shall  be  the  duty  of  said  school  board 
when  thus  notified  immediately  to  make  such  changes  as  are 
required  by  this  act,  and  such  boards  are  hereby  authorized 
to  draw  upon  their  general  revenue  funds,  without  further 
appropriation,  to  comply  with  all  the  requirements  of  this 
act.  (Laws  1909,  ch.  209,  sec.  5.) 

SEC.  360.  Fire-drills.  [7856.]  That  in  every  public  or  pri- 
vate school  having  more  than  one  hundred  pupils  (excepting 
colleges  and  universities)  a  fire-drill  and  summary  dismissal 
from  the  building  shall  be  practiced  at  least  once  each  month 
at  some  time  during  school  hours,  aside  from  the  regular  dis- 
missal at  the  close  of  the  day's  session.  (Laws  1909,  ch.  209, 
sec.  6.) 

SEC.  361.  Penalty.  [7857.]  That  any  officer  or  member  of 
a  school  board  who  shall  permit  any  provision  of  this  act  to  be 
violated  for  sixty  days  may  be  removed  from  his  office  by  a 
civil  action.  Independent  of  such  civil  action,  any  officer, 
member  of  a  school  board,  city  superintendent,  principal  or 
teacher  violating  any  provision  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  or  more  than  five  hundred  dollars,  or  by 
imprisonment  in  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment;  provided,  however,  that  this  act  shall 
not  prevent  the  prosecution  and  punishment  of  an  officer  or 
other  person  under  the  ordinary  provisions  of  the  crimes  act 
for  death  or  injury  to  any  child  in  a  public  or  private  school 
occasioned  by  the  negligence  of  such  officer  or  other  person. 
(Laws  1909,  ch.  209,  sec.  7.) 

SEC.  362.  Time  for  Compliance.  [7858.]  That  within  sixty 
days  after  the  taking  effect  of  this  act  the  provisions  of  section 
1  of  this  act  must  be  fully  complied  with,  and  within  one  hun- 
dred and  twenty  days  the  provisions  of  sections  2  and  3  must 
be  complied  with;  and  any  neglect  to  comply  with  the  pro- 
visions of  this  act  beyond  the  times  herein  specified  shall  sub- 
ject the  officers  and  persons  named  in  this  act  to  the  penalties 
prescribed  in  this  act.  (Laws  1909,  ch.  209,  sec.  8.) 


126 


HIGH   SCHOOLS. 


[CH.  13 


CHAPTER  XIIL— HIGH  SCHOOLS. 

ARTICLE  I. 


§366.    Expulsion    for    membership    in    fra- 
ternities. 


§363.    High-school  tuition. 

364.  County  treasurer  collect  taxes. 

365.  High-school  fraternities;  unlawful  to 

belong  to. 

SECTION  363.  High-school  Tuition.  [7790.]  That  all  school 
districts  located  in  counties  not  maintaining  a  county  high 
school  are  hereby  authorized,  at  each  annual  meeting  of  the 
several  school  districts,  to  levy,  in  the  manner  provided  by  law 
for  the  levying  of  other  taxes,  a  tax  sufficient  to  pay  in  full  the 
tuition  in  a  high  school  in  the  county  or  any  adjoining  county 
in  which  said  district  is  located  of  each  and  every  scholar 
whose  parents  or  guardians  are  actually  residing  in  said  dis- 
tricts in  good  faith  who  shall  desire  to  attend  the  said  high 
school  during  the  next  ensuing  year  ;  the  number  of  such  schol- 
ars to  be  ascertained  and  determined  by  the  clerk  of  said  dis- 
trict immediately  prior  to  the  holding  of  the  annual  meeting  of 
said  district  ;  provided,  however,  that  the  provisions  of  this  act 
shall  not  apply  to  any  county  in  which  was  adopted  the  provi- 
sions of  chapter  397  of  the  Session  Laws  of  1905.  (Laws  1907, 
ch.  336,  sec.  1.) 

SEC.  364.  County  Treasurer  Collect  Taxes.  [7791.]  The 
taxes  provided  for  in  section  1  of  this  act  shall  be  paid  to  the 
county  treasurer  of  the  various  counties  as  other  taxes  are 
paid,  and  when  so  collected  shall  be  turned  over  to  the  school- 
district  treasurer  and  receipted  for  by  him  as  other  school 
moneys,  and  he  shall  keep  separate  accounts  of  such  funds,  and 
shall  pay  the  same  out  for  the  purposes  mentioned  in  this  act 
upon  the  same  terms  and  conditions  as  other  school-district 
moneys  are  paid  out.  (Laws  1899,  ch.  250,  sec.  2.) 

SEC.  365.  High-school  Fraternities;  .Unlawful  to  Belong  to. 
[7752.]  It  shall  be  unlawful  for  the  pupils  of  any  high  schools 
to  participate  in  or  be  members  of  any  secret  fraternity  or 
secret  organization  whatsoever  that  is  in  any  degree  a  school 
organization.  (Laws  1907,  ch.  320,  sec.  1.) 

SEC.  366.  Expulsion  for  Membership  in  Fraternities. 
[7753.]  Any  board  of  education  or  board  of  trustees  of  county 
high  schools  are  hereby  authorized  and  empowered  to  deny  to 
any  student  regularly  enrolled  in  such  high  school,  who  shall 
violate  section  1  of  this  act,  any  or  all  of  the  privileges  of  such 
high  school  or  to  expel  such  student  for  failure  or  refusal  to 
comply  with  the  requirements  of  this  act.  (Laws  1907,  ch. 
320,  sec.  2.) 


CH.  13] 


COUNTY   HIGH   SCHOOLS. 


127 


ARTICLE  II. — COUNTY  HIGH  SCHOOLS  IN  COUNTIES  HAVING  A 
POPULATION  OF  OVER  6000. 


370. 
371. 
372. 
373. 
374. 
375. 
376. 


379.    Three  courses  of  study  shall  be  pro- 
vided. 

Tuition;  rules  and  regulations  to  be 
adopted  by  the  board  of  trustees. 
Nonresident  pupils. 
Principal  shall  make  rules  and  regu- 
lations for   government   of  school. 
383.    Rights  and  privileges  of  those  grad- 
uating from  normal  course. 
Report  of  trustees  to  board  of  county 

commissioners. 
Vacancies  in  board  of  trustees,  how 

filled. 
386.     Compensation    of    trustees. 


380. 


381. 
382. 


384. 
385. 


§367.    What  counties  may  establish. 

368.  Election,   how  called. 

369.  Ballots  canvassed. 
Election  of  trustees. 

President,    secretary,    and  treasurer. 
Levy  by  trustees. 
Levy  limited. 
Levy  limited;    exceptions. 
Taxes  levied  and  collected. 
Duties  of  treasurer  and  secretary  of 
high  school. 

377.  Site  to  be  selected  and  purchased  by 

board  of  trustees;  may  lease  suit- 
able buildings. 

378.  Principal    and    assistant   teachers   to 

be  employed  by  board  of  trustees. 

SECTION  367.  What  Counties.  [7765.]  Each  county  having 
a  population  of  6000  inhabitants  or  over,  as  shown  by  the  last 
state  or  federal  census,  may  establish  a  county  high  school 
on  the  conditions  and  in  the  manner  hereinafter  prescribed, 
for  the  purpose  of  affording  better  educational  facilities  for 
pupils  more  advanced  than  those  attending  district  schools, 
and  for  persons  who  desire  to  fit  themselves  for  the  vocation 
of  teaching.  (Laws  1886,  ch.  147,  sec.  1.) 

SEC.  368.  Election.  [7766.]  When  one-third  of  the  electors 
of  a  county,  as  shown  by  the  returns  of  the  last  preceding 
election,  shall  petition  the  board  of  county  commissioners  re- 
questing that  a  county  high  school  be  established  in  their 
county,  at  a  place  in  the  said  petition  named,  or  whenever  the 
said  county  commissioners  shall  at  their  discretion  think 
proper,  they  shall  give  twenty  days'  notice  previous  to  the 
next  general  election,  or  previous  to  a  special  election  called 
for  that  purpose,  that  they  will  submit  the  question  to  the 
electors  of  said  county  whether  such  high  school  shall  be  es- 
tablished, and  at  the  place  specified,  at  which  election  the 
electors  of  the  county  shall  vote  by  ballot  for  or  against  es- 
tablishing such  high  school.  The  notice  contemplated  in  this 
section  shall  be  given  as  are  all  legal  notices  of  a  general  or  of 
a  special  election.  (Laws  1886,  ch.  147,  sec.  2.) 

SEC.  369.  Ballots  Canvassed.  [7767.]  After  said  election 
the  ballots  on  said  question  shall  be  canvassed  in  the  same  man- 
ner as  in  the  election  of  county  officers,  and  if  a  majority  of 
all  the  votes  cast  shall  be  in  favor  of  establishing  such  high 
school,  the  county  commissioners  shall  immediately  proceed  to 
appoint  six  persons,  who  shall  be  residents  and  freeholders  of 
the  county,  but  no  more  than  two  of  whom  shall  be  residents 
of  the  same  commissioner  district,  who  shall,  with  the  county 
superintendent  of  instruction,135  constitute  a  board  of  trustees 
for  said  school.  Each  of  said  trustees  appointed  as  aforesaid 
shall  hold  his  office  until  his  successor  is  elected  and  qualified, 

135.  The  county  superintendent  is  entitled  to  vote  on  all  questions 
coming  before  the  board  of  trustees. 


128  COUNTY   HIGH   SCHOOLS.  [CH.  13 

and  shall  be  required,  within  ten  days  after  appointment,  to 
qualify  by  taking  the  usual  oath  of  office  and  by  giving  such 
bond  as  may  be  required  by  said  county  commissioners  for  the 
faithful  discharge  of  his  duties.  (Laws  1903,  ch.  432,  sec.  1.) 

SEC.  370.  Election  of  Trustees.  [7768.]  At  the  next  gen- 
eral election  after  said  appointment,  there  shall  be  elected130 
six  high-school  trustees,  but  no  more  than  two  of  whom  shall 
be  residents  of  the  same  commissioner  district ;  three  of  whom 
shall  serve  for  two  years  and  three  of  whom  shall  serve  for 
four  years,  the  respective  terms  to  be  decided  by  lot;  these 
terms  to  be  known  and  designated  as  short  term  and  full  term, 
respectively.  Each  two  years  thereafter  there  shall  be  elected 
three  trustees,  but  no  more  than  one  of  whom  shall  be  a  resi- 
dent of  the  same  commissioner  district,  to  serve  a  term  of 
four  years,  to  succeed  those  whose  term  is  about  to  expire.  In 
those  counties  in  which  county  high  schools  have  already  been 
established,  the  present  high-school  trustees  shall  serve  until 
after  the  election  in  1904,  at  which  time  six  county-high-school 
trustees  shall  be  elected,  but  no  more  than  two  of  whom  shall 
reside  in  the  same  commissioner  district,  and  all  of  the  above 
provisions  shall  thereafter  apply  to  said  counties.  Said  trustees 
shall  qualify  and  enter  upon  the  duties  of  their  office  in  the 
same  manner  and  at  the  same  time  as  other  county  officers. 
(Laws  1903,  ch.  432,  sec.  2.) 

SEC.  371.  President,  Secretary,  and  Treasurer.  [7769.] 
The  county  superintendent137  shall,  by  virtue  of  his  office,  be 
president  of  said  board  of  trustees.  At  their  first  meeting  in 
each  year  they  shall  appoint  from  their  own  number  a  secre- 
tary and  treasurer,  who  shall  perform  the  usual  duties  de- 
volving upon  such  officers,  and  shall  hold  office  for  one  year, 
or  until  their  successors  are  appointed  and  qualified.  Said 
treasurer  shall  give  such  additional  bond  as  the  county  com- 
missioners shall  deem  sufficient.  A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business, 
but  four  votes  shall  be  required  to  decide  any  question.  (Laws 
1886,  ch.  147,  sec.  5.) 

SEC.  372.  Levy  by  Trustees.  [7770.]  That  the  board  of 
trustees  of  any  county  high  school  in  the  state  of  Kansas  shall 
at  its  first  meeting,  and  annually  thereafter  before  the  first  day 
of  August  of  each  succeeding  year,  make  an  estimate  of  the 
amount  of  funds  needed  for  building  purposes,  for  the  payment 
of  teachers'  wages,  for  contingent  purposes,  and  all  other  educa- 
tional purposes  connected  with  said  high  school,  and  having 
made  such  estimate  shall  make  an  annual  levy  sufficient  to 

136.  County-high-school  trustees  are  to  be  elected  by  the  entire  county. 

137.  The  county  superintendent  can  not  legally  be  allowed  any  addi- 
tional compensation  for  services  as  a  member  of  the  county-high-school 
board  except  where  his  salary  is  on  a  per  diem  basis. 


CH.  13]  COUNTY   HIGH   SCHOOLS. 


129 


raise  the  amount  desired  for  such  purposes.  But  in  no  case 
shall  the  tax  for  such  purposes  exceed  in  one  year  the  amount 
of  the  levy  allowed  by  law  on  the  taxable  property  of  the 
county.  (See  note.)  (Laws  1909,  ch.  211,  sec.  1.) 

NOTE. — Limited  to  five-tenths  of  one  mill  by  Laws  1909  ch  245   sec   14 
(section  373  of  this  book). 

SEC.  373.  Levy  Limited.  [9407.]  For  the  purpose  of  main- 
taining the  county  high  schools  provided  for  by  chapter  147, 
Laws  of  1886,  the  board  of  trustees  shall  not  levy  to  exceed 
five-tenths  of  one  mill  on  the  assessed  valuation  of  the  countv 
(Laws  1909,  ch.  245,  sec.  14.) 

SEC.  374.  Levy  Limited;  Exceptions.  [Laws  1913,  ch.  279, 
sec.  1.]  That  section  one  of  chapter  261,  Session  Laws  of  1911, 
be  and  the  same  is  hereby  amended  to  read  as  follows :  Sec.  1. 
For  the  purpose  of  maintaining  county  high  schools  provided 
for  by  chapter  147,  Laws  of  1886,  the  board  of  trustees  shall 
not  levy  to  exceed  three-fourths  mill  on  the  assessed  valuation 
of  the  county;  provided,  this  act  shall  not  apply  to  counties 
having  a  valuation  in  excess  of  thirty  million  dollars ;  provided, 
that  this  act  shall  not  apply  to  counties  having  county  high 
schools,  which  were  established  after  1901. 

SEC.  375.  Taxes  Levied  and  Collected.  [7771.]  Said  rate 
of  t,ax  shall  be  certified  to  the  county  clerk  of  the  county  in 
which  said  county  high  school  is  situated,  by  the  president 
and  secretary  of  said  board  of  trustees,  and  the  said  county 
clerk  is  hereby  authorized  and  required  to  place  the  same  on 
the  tax-rolls  of  the  county,  and  said  tax  shall  be  collected  in 
the  same  manner  as  other  county  taxes,  and  when  collected 
the  county  treasurer  shall  pay  the  same  to  the  treasurer  of  the 
county  high  school  in  the  same  manner  that  school  funds  are 
paid  to  the  district  treasurers  as  required  by  law.  (Laws  1909, 
ch.  211,  sec.  2.) 

SEC.  376.  Duties  of  Officers.  [7772.]  The  said  treasurer  of 
the  high  school  shall  receive  from  the  county  treasurer,  and 
from  other  parties,  all  moneys  that  belong  to  the  funds  of  said 
school,  and  shall  pay  out  the  same  only  by  direction  of  the 
board  of  trustees,  upon  orders  duly  signed  by  the  president  and 
countersigned  by  the  secretary,  stating  the  purpose  for  which 
they  were  drawn.  Both  the  secretary  and  treasurer  shall  keep 
an  accurate  account  of  all  moneys  received  and  expended  for 
said  school,  and  at  the  close  of  each  year,  or  oftener  if  required 
by  the  board  of  trustees,  they  shall  make  a  full  statement  of  the 
financial  affairs  of  the  school.  (Laws  1886,  ch.  147,  sec.  8.) 

SEC.  377.  'Locate  Site  and  Lease  Building.  [7773.]  The 
said  board  of  trustees  shall  proceed,  as  soon  as  practicable 
after  the  appointment  as  aforesaid,  to  select,  at  the  place  de- 
termined by  the  vote  of  the  county,  the  best  site  that  can  be 
obtained  without  expense  to  the  county,  and  the  title  thereof 

-5 


130  COUNTY   HIGH   SCHOOLS.  [CH.  13 

shall  be  vested  in  the  said  county;  they  shall  then  proceed  to 
make  purchases  of  material,  and  to  let  such  contracts  for  their 
necessary  school  buildings  as  they  may  deem  proper,  but  shall 
not  make  any  purchase  or  contract  in  any  year  to  exceed  the 
amount  on  hand,  and  to  be  raised  by  the  levy  of  tax  for  that 
year.  The  board  of  trustees,  at  their  discretion,  may  lease 
suitable  buildings  for  the  use  of  the  high  school  while  new 
buildings  are  in  process  of  erection,  the  rent  to  be  paid  by  the 
fund  created  by  the  levy  for  high-school  purposes.  (Laws 
1886,  ch.  147,  sec.  9.) 

SEC.  378.  Employ  Principal.  [7774.]  When  such  board  of 
trustees  shall  have  finished  a  building  for  said  school,  they 
shall  employ  some  suitable  person,  who  shall  take  charge  of 
the  same  and  teach  in  the  same,  and  shall  be  known  as  the 
principal  of  such  school;  and  the  trustees  shall  furnish  such 
assistant  teachers  as  they  deem  necessary,  and  shall  provide 
for  their  salaries.  (Laws  1886,  ch.  147,  sec:  10.) 

SEC.  379.  Courses  of  Instruction.  [7775.]  There  shall  be 
provided  three  courses  of  instruction,  each  requiring  four 
years'  study138  for  completion,  namely,  a  general  course,  a 
normal  course,  and  a  collegiate  course.  The  general  course 
shall  be  designed  for  those  who  can  not  continue  school  life 
after  leaving  said  high  school.  The  normal  course  shall  be 
designed  for  those  who  intend  to  become  teachers,  and  shall 
fully  prepare  any  who  wish  to  enter  the  first  year  of  profes- 
sional work  at  the  State  Normal  School.  The  collegiate  course 
shall  fully  prepare  those  who  wish  to  enter  the  freshman  class 
of  the  college  of  liberal  arts  and  sciences  of  the  State  Uni- 
versity, or  of  the  State  Agricultural  College,  or  of  any  other 
institution  of  higher  learning  in  this  state.  Whenever  prac- 
ticable, students  in  these  courses  shall  recite  in  the  same 
classes.  Students  in  the  last  year  of  the  normal  course  may 
be  employed  for  a  portion  of  their  time  in  teaching  the  pupils 
of  the  first  year  in  any  course,  and  model  schools  shall  be  en- 
couraged. (Laws  1905,  ch.  389,  sec.  1.) 

SEC.  380.  Tuition  and  Admission.  [7776.]  Tuition  shall  be 
free  to  all  pupils  residing  in  the  county  where  the  school  is 
located.  The  board  of  trustees  shall  make  such  general  rules 
and  regulations  as  they  may  deem  proper  in  regard  to  age  and 
grade  of  attainments  essential  to  entitle  pupils  to  admission 
to  such  school;  provided,  that  no  person  shall  be  admitted  to 
such  high  school  who  shall  not  have  passed  a  satisfactory  ex- 
amination in  all  the  work  of  the  district  schools  of  the  county 
in  which  such  high  school  is  situated.  If  there  should  be  more 
applicants  than  can  be  accommodated  at  any  one  time,  each 
district  shall  be  entitled  to  send  its  equal  proportion  of  pupils, 
according  to  the  number  of  pupils  it  may  have,  as  shown  by 
the  last  report  to  the  county  superintendent  of  public  instruc- 

138.    Does  not  apply  to  Reno  county  high  school.    (Laws  1905,  ch.  457.) 


CH.  13]  COUNTY   HIGH   SCHOOLS.  131 

tion;  and  the  boards  of  the  respective  school  districts  shall 
designate  such  pupils  as  may  attend,  subject  to  the  proviso 
above.  (Laws  1886,  ch.  147,  sec.  12.) 

SEC.  381.  Nonresident  Pupils.  [7777.]  If  at  any  time  the 
school  can  accommodate  more  pupils  than  apply  for  admission 
from  that  county  in  which  the  school  is  situated,  the  vacancies 
may  be  filled  by  applicants  from  other  counties,  upon  the  pay- 
ment of  such  tuition  as  the  board  of  trustees  may  prescribe, 
but  at  no  time  shall  such  pupils  continue  in  such  school  to  the 
exclusion  of  pupils  residing  in  the  county  in  which  such  school 
is  situated.  (Laws  1886,  ch.  147,  sec.  13.) 

SEC.  382.  Rides  and  Regulations;  Examining  Committee; 
Certificates.  [7778-9.]  The  principal  of  any  such  high  school, 
with  the  approval  of  the  board  of  trustees,  shall  make  such 
rules  and  regulations  as  he  may  deem  proper  in  regard  to  the 
studies,  conduct  and  government  of  the  pupils  under  his  charge 
while  they  shall  continue  to  be  enrolled  at  such  school ;  and  if 
any  such  pupils  will  not  conform  to  nor  obey  the  rules  of  the 
school,  they  may  be  suspended  therefrom  temporarily  by  the 
principal,  and  may  be  expelled  by  the  board  of  trustees.  The 
board  of  trustees  shall  appoint  some  competent  person  who, 
with  the  principal  of  the  high  school,  and  with  the  county 
superintendent  of  public  instruction  as  chairman  thereof,  shall 
constitute  the  examining  committee  of  the  high  school,  whose 
duty  it  shall  be  to  examine  all  persons  who  may  apply  to  them 
in  the  subjects  such  persons  propose  to  teach  in  said  high 
school;  and  no  person  except  one  holding  a  diploma  or  a  cer- 
tificate from  the  State  Board  of  Education,  or  a  diploma  from 
the  State  Normal  School,  State  University,  State  Agricultural 
College,  or  some  college  or  university  accredited  by  the  State 
Board  of  Education,  shall  be  employed  by  the  board  of  trustees 
as  teacher  in  the  high  school  unless  such  person  is  the  holder 
of  a  certificate  signed  by  the  examining  committee,  or  a  ma- 
jority of  them,  setting  forth  that  such  person  is  competent  to 
teach  such  subjects  in  said  high  school  and  is  a  person  of  good 
moral  character ;  and  the  board  of  trustees  may  fill  any  vacancy 
which  may  occur  in  the  examining  committee.  (Laws  1907, 
ch.  335,  sees.  1  and  2.) 

SEC.  383.  Privileges  of  Graduates  from  Normal  Course. 
[7780.]  Those  graduating  from  the  normal  course  in  the 
county  high  school  shall  be  entitled  to  a  teacher's  second-grade 
certificate,139  and  shall  be  admitted  to  the  first  year  of  profes- 
sional work  at  the  State  Normal  School  without  further  exam- 
ination ;  and  those  graduating  from  the  collegiate  course  shall 
be  entitled  to  admission  to  the  freshman  class  of  the  State 

139.  This  certificate  should  be  issued  by  the  county  board  of  examiners 
and  should  state  thereon  that  it  was  issued  by  virtue  of  graduation  from 
the  county  high  school.  The  usual  fee  of  one  dollar  should  be  collected 
from  each  applicant. 


132  COUNTY   HIGH    SCHOOLS.  [CH.  13 

University,  and  of  the  State  Agricultural  College,  without 
further  examination.  (Laws  1886,  ch.  147,  sec.  15.) 

SEC.  384.  Report  of  Trustees.  [7781.]  The  board  of  trus- 
tees shall  annually  make  a  report  to  the  county  commission- 
ers, which  shall  specify  the  number  of  students  attending  the 
high  school  during  the  year,  their  sex,  and  the  branches 
taught,  the  text-books  used,  the  number  of  teachers  employed, 
the  salaries  paid,  the  amounts  expended  respectively  for  li- 
brary, apparatus,  buildings,  and  for  all  other  purposes;  also 
the  amount  of  funds  on  hand,  the  debts  unpaid,  if  any;  the 
amounts  due,  if  any;  and  all  other  information  deemed  im- 
portant or  expedient  to  report.  Said  report  shall  be  printed 
in  at  least  one  newspaper  of  the  county,  if  any  is  published 
therein,  and  a  copy  of  the  report  shall  be  forwarded  to  the 
state  superintendent  of  public  instruction.  (Laws  1886,  ch. 
147,  sec.  16.) 

SEC.  385.  Vacancies.  [7782.]  The  county  commissioners 
shall  have  power  to  fill  any  vacancies  that  may  occur  in  the 
board  of  trustees  for  that  county,  by  appointment  until  the 
next  general  election.  (Laws  1886,  ch.  147,  sec.  17.) 

SEC.  386.  Compensation  of  Trustees.  [7783.]  The  county 
board  of  county-high-school  trustees  shall  allow  to  each  mem- 
ber thereof  the  sum  of  three  dollars  per  day  for  the  time 
actually  and  necessarily  employed  in  the  discharge  of  his  of- 
ficial duties,  and  in  addition  thereto  the  sum  of  five  cents  per 
mile  necessarily  traveled  in  attending  meetings  of  the  board, 
and  when  such  accounts  are  presented  for  payment  they  shall 
be  audited  and  paid  out  of  the  county-high-school  fund  in  the 
same  manner  as  other  accounts  against  said  board.  Said 
trustees  shall  not  be  allowed  any  other  remuneration  for  serv- 
ices or  expenses. .  (Laws  1907,  ch.  334,  sec.  1.) 

ARTICLE  III. — COUNTY  HIGH  SCHOOLS  IN  COUNTIES  HAVING  A  POPU- 
LATION OF  LESS  THAN  6,000. 

§387.    May  be  established  at  county  seats. 
388.    Course  of  study. 


389.  Privileges  of  graduates. 

390.  May  employ  teachers 

391.  Free  to  pupils  in  the  county. 


5392.  Petition  or  election. 

393.  Bonds  may  be  issued. 

394.  Bond  election. 

395.  Issuance  of  bonds. 

396.  Illegal  use  of  proceeds 


SECTION  387.  May  Establish  at  County  Seat.  [7784.]  That 
the  county  commissioners  of  any  county  of  Kansas  having  a 
population  of  less  than  6,000  be  and  they  are  hereby  authorized 
to  negotiate  with  the  school  district  or  school  districts  at  the 
county  seat  of  such  county  for  the  establishment  of  a  county 
high  school;  provided,  that  on  the  presentation  of  a  petition 
signed  by  a  majority  of  the  electors  of  any  such  county,  as 
shown  by  the  returns  of  the  last  preceding  general  election, 
the  county  commissioners  shall  call  an  election  for  the  purpose 
of  determining  whether  they  shall  make  such  contract  as  afore- 


CH.  13]  COUNTY   HIGH    SCHOOLS.  133 

said;  and  if  at  such  election  a  majority  of  the  votes  cast  shall 
be  in  favor  of  making  said  contract,  then  and  in  that  case  it 
shall  be  the  duty  of  such  commissioners  to  make  such  contract. 
(Laws  1903,  ch.  433,  sec.  1.) 

SEC.  388.  Course  of  Study.  [7785.]  Such  county  high 
schools  when  established  shall  adopt  a  course  of  study  to  be 
prescribed  by  the  State  Board  of  Education.  (Laws  1897,  ch. 
180,  sec.  2.) 

SEC.  389.  Privileges  of  Graduation.  [7786.]  Upon  the  pres- 
entation of  a  certificate  of  graduation  from  any  such  county 
high  school,  within  one  year  from  the  date  of  the  same,  to  any 
state  institution  of  learning,  the  person  presenting  the  same 
may  be  admitted  without  further  examination  to  said  institu- 
tion of  learning.  (Laws  1897,  ch.  180,  sec.  3.) 

SEC.  390.  May  Employ  Teachers.  [7787.]  For  the  purpose 
of  carrying  this  act  into  effect,  the  boards  of  county  commis- 
sioners in  such  counties  may  employ  such  number  of  teachers 
in  addition  to  those  regularly  employed  by  the  district  at  the 
county  seat  as  shall  in  their  judgment  be  necessary  for  the 
purpose  of  conducting  such  schools,  and  pay  such  teachers 
from  the  general  fund  of  the  county.  (Laws  1897,  ch.  180, 
sec.  4.) 

SEC.  391.  Free  to  Pupils  in  the  County.  [7788.]  Such 
county  high  school  shall  be  free  to  all  persons  of  school  age 
in  their  respective  counties.  (Laws  1897,  ch.  180,  sec.  5.) 

SEC.  392.  Petition  or  Election.140  [7789.]  No  county  high 
school  as  herein  provided  for  shall  be  established  except  upon 
a  petition  signed  by  a  majority  of  the  electors  of  the  county 
or  pursuant  to  an  election  held  in  such  county  for  the  purpose 
of  voting  upon  the  question  of  establishing  such  county  high 
schools.  (Laws  1897,  ch.  180,  sec.  6.) 

SEC.  393.  Bonds  May  be  Issued.  [7802.]  That  any  county 
which  has  established  a  county  high  school  under  the  provi- 
sions of  chapter  180,  Session  Laws  of  1897,  as  amended  by 
chapter  433,  Session  Laws  of  1903,  is  hereby  authorized  and 
empowered  to  issue  and  sell  bonds  of  the  county  for  the  pur- 
pose of  erecting,  furnishing  and  equipping  a  building  for  the 
use  of  the  county  high  school  of  the  county ;  provided,  that  no 
bonds  shall  be  issued  as  provided  for  in  this  section  until  the 
same  has  been  submitted  to  the  electors  of  the  county  at  a  gen- 
eral election,  or  at  a  special  election  called  for  that  purpose, 
and  a  majority  of  the  voters  voting  upon  the  proposition  shall 
have  voted  in  favor  of  the  same ;  provided,  that  the  provisions 
of  this  act  shall  not  be  construed  as  applying  to  any  county  in 
which  is  located  a  city  of  the  first  class.  (Laws  1907,  ch.  332, 
sec.  1.) 

140.    See  section  387  of  this  book. 


134 


BARNES   HIGH   SCHOOLS. 


[CH.  13 


SEC.  394.  Bond  Election.  [7803.]  When  a  petition  signed 
by  twenty-five  per  cent  of  the  legal  voters  of  the  county,  as 
shown  by  the  latest  official  poll  of  the  county,  shall  have  been 
presented  to  the  board  of  county  commissioners  of  the  county, 
asking  that  the  question  of  issue  of  the  bonds  for  the  purpose 
named  in  this  act  be  submitted  to  a  vote  of  the  people,  it  shall 
become  the  duty  and  is  hereby  made  the  duty  o£  the  board  of 
county  commissioners  to  make  provisions  to  submit  the  ques- 
tion to  a  vote  of  the  people ;  provided,  that  if  a  general  election 
is  to  be  held  within  six  months  after  the  receipt  of  the  petition, 
the  board  of  county  commissioners  shall  submit  the  question  at 
the  next  general  election ;  otherwise,  the  board  of  county  com- 
missioners shall  call  a  special  election  for  this  purpose,  by 
giving  not  less  than  thirty  days'  notice  by  publication  in  not 
less  than  four  issues  of  a  newspaper  of  general  circulation  in 
the  county.  (Laws  1907,  ch.  332,  sec.  2.) 

SEC.  395.  Issuance  of  Bonds.  [7804.]  The  bonds  issued  by 
authority  of  this  act  shall  not  exceed  in  any  county  in  amount 
twenty  thousand  dollars,  in  denominations  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  and  shall 
bear  not  more  than  five  per  cent  interest,  payable  semiannu- 
ally,  as  shown  by  coupons  attached,  and  shall  mature  not  later 
than  twenty  years  from  the  date  thereof.  The  bonds  herein 
provided  for  shall  recite  that  they  are  issued  in  pursuance  of 
the  provisions  of  this  act.  (Laws  1907  ch.  332,  sec.  3.) 

SEC.  396.  Illegal  Use  of  Proceeds.  [7805.]  It  shall  be  un- 
lawful for  the  board  of  county  commissioners  or  any  other  per- 
son or  persons  to  use  or  appropriate  any  of  the  proceeds  of  the 
bonds  herein  provided  for  any  other  purpose  than  that  pre- 
scribed in  this  act.  (Laws  1907,  ch.  332,  sec.  4.) 


ARTICLE  IV. — BARNES  HIGH  SCHOOLS. 


§397.  County  tax  for  high  schools. 

398.  Levy,  limitation. 

399.  Levy,  limitation  and  exception.  . 
/  400.  Levy  made,  when. 

401.  Funds  collected. 

402.  Apportionment  of  funds. 

403.  Levy,  joint  districts. 

404.  Principal's  report. 

405.  County    superintendent    shall    certify 

to  county  clerk. 


§406.    Tuition  free. 

407.  Courses  of  study. 

408.  Some  cities  and  counties  exempt. 

409.  When  in  force. 

410.  "Barnes"    law    in    effect    in    certain 

counties. 

411.  County   treasurer   to   pay   taxes   col- 

lected. 

412.  Penalty,  county  treasurer  not  paying 

over  money. 


SECTION  397.  County  Tax  for  High  Schools.  [Laws  1913,  ch. 
277,  sec.  1.]  That  section  7792  of  the  General  Statutes  of 
Kansas  of  1909  be  amended  to  read  as  follows:  Sec.  7792. 
In  every  county  in  the  State  of  Kansas  in  which  one  or  more 
school  districts  or  cities  of  less  than  sixteen  thousand  inhabi- 
tants shall  have  maintained  high  schools  with  courses  of 
instruction  admitting  those  who  complete  the  same  to  the 
freshman  class  of  the  college  of  liberal  arts  and  sciences  of 
the  University  of  Kansas,  the  county  commissioners  shall  levy 


CH.  13]  BARNES   HIGH   SCHOOLS.  135 

a  tax  each  year  of  not  less  than  one-fourth  of  a  mill  nor  more 
than  three  mills141  on  the  dollar  of  the  assessed  valuation  of  the 
taxable  property  within  such  counties  for  the  purpose  of 
creating  a  general  high-school  fund ;  provided  that  in  counties 
of  less  than  4,000  inhabitants  and  in  which  there  is  only  one 
high  school  operating  under  the  provisions  of  this  act,  the 
county  commissioners  of  such  county  may  levy  one-half  mill 
for  the  purpose  of  aiding  such  high  schools  in  the  construction, 
maintenance  and  up-keep  of  such  high-school  buildings. 

SEC.  398.  Levy  .Limitations.  [9408.]  The  authority  of  the 
board  of  county  commissioners  of  each  county,  as  provided  in 
chapter  397  of  the  Session  Laws  of  1905,  to  levy  annually  a  tax 
by  means  of  which  to  raise  the  necessary  funds  for  the  support 
of  the  high  schools  provided  for  by  said  chapter  397  of  the 
Laws  of  1905,  is  hereby  limited  so  that  the  said  board  shall  not 
levy  in  excess  of  five-tenths  of  one  mill  upon  the  dollar  upon  all 
taxable  property.  (Laws  1909,  ch.  245,  sec.  15.) 

SEC.  399.  Levy,  Limitation  and  Exception.  [Laws  1913, 
ch.  279,  sec.  2.]  That  section  two  of  chapter  261  of  the  Ses- 
sion Laws  of  1911  be  and  the  same  is  hereby  amended  to  read 
as  follows :  Sec.  2.  The  authority  of  the  board  of  county  com- 
missioners of  each  county  as  provided  in  chapter  397  of  the 
Session  Laws  of  1905  to  levy  annually  a  tax  by  means  of 
which  it  raised  the  necessary  funds  for  the  support  of  the 
high  schools  provided  for  by  said  chapter  397  of  the  Laws  of 
1905,  is  hereby  limited  so  that  the  said  board  shall  not  levy 
in  excess  of  three-fourths  mill  upon  all  taxable  property ;  pro- 
vided, that  this  section  shall  not  apply  to  counties  having  a 
valuation  in  excess  of  thirty  million  dollars. 

SEC.  400.  Levy  Made,  When.  [7793.]  The  first  levy  shall 
be  made  when  the  result  of  the  election  or  petition  is  de- 
termined, and  a  similar  levy  shall  be  made  each  year  there- 
after; provided,  no  levy  shall  be  made  until  one  or  more  such 
high  schools  shall  have  been  maintained  in  the  county  the  pre- 
ceding school  year.  (Laws  1905,  ch.  397,  sec.  2.) 

SEC.  401.  Funds  Collected.  [7794.]  Said  tax  shall  be  levied 
and  collected  in  the  same  manner  as  other  county  taxes,  and, 
when  collected,  the  county  treasurer  shall  pay  the  same  to  the 
treasurers  of  the  school  districts  maintaining  high  schools  ac- 
cording to  the  provisions  of  this  act,  as  required  by  law,  but  no 
part  of  said  general  high-school  fund  shall  ever  be  used  for 
other  than  high-school  purposes.142  (Laws  1905,  ch.  397, 
sec.  3.) 

141.  Limited  to  five-tenths  or  three-fourths  of  one  mill  by  Laws  of 
1909,  ch.  245,  sec.  15,  and  Laws  of  1913,  ch.  279,  sec.  2.     (Sections  398 
and  399  of  this  book.) 

142.  The  high-school  fund  levied  under  this  act  can  not  be  used  for  the 
repair  or  erection  of  school  buildings,  except  as  provided  in  section  397. 


136  BARNES   HIGH   SCHOOLS.  [CH.  13 

SEC.  402.  Apportionment  of  Funds.  [7795.]  The  county 
treasurer  shall  pay  to  the  treasurers  of  said  school  districts  a 
pro  rata  part  of  the  said  general  high-school  fund  apportioned 
to  the  several  school  districts  according  to  the  estimated  cost  of 
maintaining  the  high  schools  of  the  ensuing  year,  but  no  ap- 
portionment shall  be  made  to  any  school  district  after  it  has 
discontinued  its  high  school.  (Laws  1908,  ch.  69,  sec.  1.) 

SEC.  403.  Levy,  Joint  Districts.  [Laws  1911,  ch.  272,  sec. 
1.]  That  whenever  any  high  school  maintained  in  a  joint 
school  district  receives  a  contribution  out  of  the  county  treas- 
ury under  the  Barnes  high-school  act,  being  chapter  397  of  the 
Session  Laws  of  1905  and  amendments  thereto,  and  when  the 
provisions  of  the  said  Barnes  high-school  act  do  not  prevail  in 
the  other  county  of  which  the  said  joint  high-school  district  is 
a  part,  it  shall  be  the  duty  of  the  county  superintendent  of  the 
county  in  which  the  Barnes  high-school  act  does  not  prevail 
to  make  an  equitable  estimate  of  the  contribution  which  should 
be  made  by  the  school-district  territory  of  the  said  joint  school 
district  lying  in  his  county  toward  the  support  of  the  said  joint 
high-school  district,  and  certify  to  the  county  clerk  a  levy 
sufficient  to  meet  said  estimate,  and  it  shall  be  the  duty  of  the 
county  clerk  to  make  such  levy  in  addition  to  the  other  school 
taxes  imposed  upon  that  part  of  said  joint  school  district  lying 
in  his  county. 

SEC.  404.  Principal  Shall  Make  Report.  [7796.]  It  shall 
be  the  duty  of  the  principal  of  each  such  high  school,  at  the 
expiration  of  the  school  year,  to  make  a  report,  under  oath,  to 
the  county  superintendent,  showing  the  total  enrolment  and 
the  daily  attendance  of  each  pupil,  and  the  average  daily  at- 
tendance in  high  school  for  that  year,  and  to  furnish  such 
other  reports  as  the  county  superintendent  may  require,  and 
his  last  month's  salary  shall  not  be  due  until  such  reports  shall 
have  been  duly  made.  (Laws  1905,  ch.  397,  sec.  5.) 

SEC.  405.  County  Superintendent  Shall  Certify  to  County 
Clerk.  [7797.]  It  shall  be  the  duty  of  the  county  superintend- 
ent to  certify  to  the  county  clerk  and  to  the  county  treasurer, 
on  or  before  the  25th  day  of  July  of  each  year,  the  average 
daily  attendance  in  the  several  high  schools  of  the  county 
complying  with  the  provisions  of  this  act  for  the  year  ending 
on  the  30th  day  of  June  preceding,  and  to  certify  to  the  board 
of  county  commissioners  the  amount  necessary  for  the  main- 
tenance of  such  high  schools  the  ensuing  year,  and  the  county 
commissioners  shall  make  such  levy  (not  to  exceed  three 
mills143  on  the  dollar  of  the  assessed  valuation  of  the  taxable 
property  within  such  county)  as  may  be  necessary  to  produce 
such  amount;  and  in  case  the  county  commissioners  shall  fail 

143.  Limited  to  five-tenths  or  three-fourths  of  one  mill  by  Laws  of 
1909,  ch.  245,  sec.  15,  and  Laws  1913,  ch.  279,  sec.  2.  (Sections  398  and 
399  of  this  book.) 


CH.  13]  BARNES   HIGH   SCHOOLS. 


137 


to  make  such  levy,  then  the  county  superintendent  shall  make 
a  suitable  levy,  and  certify  the  same  to  the  county  clerk  of 
such  county,  who  shall  enter  upon  the  tax-rolls  the  levy  so  made 
by  the  county  superintendent.  (Laws  1907,  ch.  333,  sec.  1.) 

SEC.  406.  Tuition  Free.  [7798.]  Tuition  shall  be  free  in  all 
such  high  schools  to  pupils  residing  in  the  county  where  such 
schools  are  located.  (Laws  1905,  ch.  397,  sec.  7.) 

SEC.  407.  Courses  of  Study.  [7799.]  At  least  two  courses 
of  instruction  shall  be  provided,  each  requiring  four  years' 
work,144  namely,  a  college  preparatory  course,  which  shall  fully 
prepare  those  who  complete  it  to  enter  the  freshman  class  of 
the  college  of  liberal  arts  and  sciences  of  the  University  of 
Kansas,  and  a  general  course,  designed  for  those  who  do  not 
intend  to  continue  school  work  beyond  the  high  school.  (Laws 
1905,  ch.  397,  sec.  8.) 

SEC.  408.  Some  Cities  and  Counties  Exempt.  [7800.]  Cities 
having  more  than  16,000  inhabitants  and  counties  having  here- 
tofore established  county  high  schools  or  which  may  hereafter 
establish  county  high  schools  under  the  laws  now  in  force  shall 
be  exempt  from  the  operation  of  this  act.  (Laws  1905,  ch. 
397,  sec.  9.) 

SEC.  409.  When  in  Force.  [7801.]  This  act  shall  not  be  in 
force  in  any  county  until  its  provisions  are  adopted  therein  by 
a  majority  of  the  electors  voting  on  said  proposition.  At 
the  next  general  election  after  the  passage  of  this  amendment, 
the  following  proposition  shall  be  submitted  in  each  county,  or 
part  of  county,  in  the  state  to  which  this  law  may  apply, 
namely :  "May  the  provisions  of  the  high-school  act  of  1905,  as 
amended  by  the  Laws  of  1907  and  1908,  apply  in  this  county?" 
The  election  shall  be  conducted  and  such  proposition  shall  be 
voted  on  and  the  votes  then  canvassed  and  returns  made  in  all 
respects  as  provided  by  law.  Whenever  a  majority  of  the 
voters  voting  on  this  proposition  in  any  county,  or  part  of  any 
county,  to  which  this  law  may  apply,  at  such  election  shall  be  in 
favor  of  such  proposition,  the  provisions  of  this  act  shall  apply 
in  such  county  from  the  time  such  result  is  ascertained.  If  the 
proposition  fails  to  carry  at  the  next  general  election,  it  may 
be  submitted  in  each  county,  or  part  of  county,  in  this  state  to 
which  this  law  shall  apply,  upon  petition  to  the  board  of  county 
commissioners,  signed  by  twenty-five  per  cent  of  the  taxpayers 
of  such  county,  or  part  of  county,  at  any  general  election  hero- 
after;  provided,  that  this  law  shall  not  be  submitted  at  the 
general  election  in  1908  in  counties  which  have  already  adopted 
the  provisions  of  the  act  to  which  this  act  is  amendatory. 
(Laws  1908,  ch.  69,  sec.  2.) 

SEC.  410.     "Barnes"  Law  in  Effect  in  Certain  Counties. 

144  Two  courses  of  four  years  each  must  be  maintained.  The  college 
preparatory  course  should  be  approved  by  the  University  of  Kansas  for 
admission  to  its  liberal  arts  course. 


138 


COUNTY  AID. 


[CH.  13 


[7809.]  That  in  all  counties  of  this  state  in  which  high  schools 
have  been  established  and  maintained  for  one  year,  and  which 
said  high  schools  have  been  established  and  maintained  under 
the  provisions  of  chapter  397  of  the  Laws  of  1905,  as  amended 
by  chapter  333  of  the  Laws  of  1907  and  chapter  69  of  the  Laws 
of  1908,  by  a  majority  of  all  the  votes  cast  on  said  proposition, 
said  chapter  397  of  the  Laws  of  1905,  as  amended  by  chapter 
333  of  the  Laws  of  1907  and  by  chapter  69  of  the  Laws  of  1908, 
shall  be  in  full  force  and  effect  from  and  after  the  publication 
of  this  act  in  all  such  counties  without  again  submitting  the 
question  to  a  vote  of  the  electors;  provided,  however,  this  act 
shall  not  apply  to  counties  where  the  proposition  was  resub- 
mitted  under  chapter  69  of  the  Session  Laws  of  1908  and  re- 
jected. (Laws  1909,  ch.  210,  sec.  1.) 

SEC.  411.  County  Treasurer  to  Pay  Taxes  Collected.  [7807.] 
It  shall  be  the  duty  of  the  county  treasurer  of  every  county  in 
the  state  of  Kansas  to  promptly  pay  over  and  distribute  on 
demand  all  moneys  now  in  his  hands,  or  which  may  hereafter 
come  into  his  hands  by  reason  of  any  tax  levy  made  by  any 
county,  city,  township  or  school  district,  to  the  treasurer  of  the 
city,  township  or  school  district,  for  the  use  and  benefit  of 
which  it  was  collected,  under  the  provisions  of  chapter  397  of 
the  Laws  of  1905,  as  amended  by  chapter  333  of  the  Laws  of 
1907  and  by  chapter  69  of  the  Laws  of  1908.  (Laws  1909,  ch. 
215,  sec.  1.) 

SEC.  412.  Penalty,  County  Treasurer  Not  Paying  Over 
Money.  [7808.]  Any  county  treasurer  who  shall  violate  the 
provisions  of  this  act  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  five  hundred  dollars.  (Laws  1909, 
ch.  215,  sec.  2.) 

ARTICLE  V. — COUNTY  AID  IN  COUNTIES  HAVING  A  POPULATION  OF  LESS 

THAN  10,000. 


§413.  Aid  by  county  commissioners. 

414.  Course  of  study. 

415.  Free  tuition;   entrance  certificate. 

416.  Supervision. 

417.  Petition. 

418.  Levy. 


§419.  Collection  and  use  of  funds. 

420.  Duty  of  county  treasurer. 

421.  Report  of  principal. 

422.  Petition;   levy. 

423.  Duty  of  county  superintendent. 

424.  Counties  exempt. 


SECTION  413.  Aid  by  County  Commissioners.  [Laws  1911, 
ch.  263,  sec.  1.]  That  the  county  superintendent  and  county 
commissioners  of  any  county  in  Kansas  having  a  population 
of  less  than  10,000  inhabitants  are  hereby  authorized  to  make 
provision  for  aid  to  a  certain  high  school  or  high  schools  in 
such  county,  and  to  provide  for  the  support  of  the  same  as 
hereinafter  prescribed. 

SEC.  414.  Course  of  Study.  [Laws  1911,  ch.  263,  sec.  2.] 
Such  high  schools,  when  aided,  shall  adopt  a  course  of  study 
to  be  prescribed  by  the  State  Board  of  Education. 

SEC.  415.  Free  Tuition;  Entrance  Certificate.  [Laws  1911, 
ch.  263,  sec.  3.]  Such  high  schools  shall  be  free  to  all  persons 


CH.  13]  COUNTY  AID.  139 

of  school  age  who  are  actual  residents  of  the  respective  coun- 
ties ;  provided,  that  such  person  shall  present  to  the  principal 
of  the  high  school  an  entrance  certificate,  signed  by  the  county 
superintendent  of  public  instruction,  certifying  that  he  has 
completed  the  course  of  study  prescribed  by  the  State  Board 
of  Education  for  the  public  schools  below  the  high  school. 

SEC.  416.  Supervision.  [Laws  1911,  ch.  263,  sec.  4.]  Such 
high  schools  when  aided  shall  be  under  the  supervision  and 
control  of  the  county  superintendent  and  district  board  or 
board  of  education  of  the  district  or  city  in  which  the  school 
is  located. 

SEC.  417,  Petition.  '[Laws  1911,  ch.  263,  sec.  5.]  No  high 
school  as  herein  provided  for  shall  be  eligible  for  such  aid  ex- 
cept upon  a  petition  to  the  county  superintendent  and  county 
commissioners  of  the  county  in  which  such  school  or  schools 
are  sought  to  be  aided,  signed  by  a  majority  of  the  school 
electors  of  the  county  in  which  the  school  is  sought  to.  be 
aided ;  provided,  that  in  counties  having  a  population  of  3,000 
inhabitants  or  less  (according  to  the  United  States  census 
of  1910)  one  school  only  shall  be  aided,  and  that  one  located 
at  the  county  seat  of  such  county. 

SEC.  418.  Levy.  [Laws  1911,  ch.  263,  sec.  6.]  For  the  pur- 
pose of  carrying  this  act  into  effect  the  board  of  county  com- 
missioners in  such  county  shall  annually  levy  such  tax  only 
as  may  be  necessary,  not  to  exceed  one  mill  on  the  dollar  of 
the  assessed  valuation  of  the  taxable  property  of  counties 
having  a  population  of  3,000  inhabitants  or  less,  and  not  to 
exceed  one-half  mill  on  the  dollar  of  the  assessed  valuation  of 
the  taxable  property  in  counties  having  a  population  of  more 
than  3,000  inhabitants. 

SEC.  419.  Collection  and  Use  of  Funds.  [Laws  1911,  ch.  263, 
sec.  7.]  Said  tax  shall  be  levied  and  collected  in  the  same  man- 
ner as  other  county  taxes,  but  no  part  of  such  general  school 
fund  shall  ever  be  used  for  other  than  high-school  purposes. 

SEC.  420.  Duty  of  County  Treasurer.  [Laws  1911,  ch.  263, 
sec.  8.]  The  county  treasurer  shall  pay  to  the  treasurer  of 
the  school  district  or  districts  maintaining  such  high  schools 
such  sums  of  money  as  the  county  superintendent  shall  certify 
to  be  necessary  and  proper  for  each  of  said  districts  respec- 
tively. 

SEC.  421.  Report  of  Principal.  [Laws  1911,  ch.  263,  sec.  9.] 
It  shall  be  the  duty  of  the  principal  of  each  of  such  high  schools, 
at  the  expiration  of  the  school  year,  to  make  a  report  to  the 
county  superintendent  showing  the  total  enrollment  in  such 
high  school  or  high  schools  and  the  number  of  months  at- 
tended by  each  pupil,  and  to  furnish  such  other  reports  as 
the  county  superintendent  may  require,  and  his  last  month's 
salary  shall  not  be  due  until  such  reports  shall  have  been  duly 
made. 


140 


TOWNSHIP   HIGH   SCHOOLS. 


[CH.  13 


SEC.  422.  Petition;  Levy.  [Laws  1911,  ch.  263,  sec.  10.] 
If,  upon  the  presentation  of  a  petition  addressed  to  the  county 
commissioners  of  any  county  by  a  majority  of  the  school 
electors  of  such  county,  asking  that  certain  aid  be  extended  to 
a  certain  school  district  or  school  districts  therein,  as  provided 
for  herein,  and  said  county  superintendent  and  county  commis- 
sioners decide  to  provide  the  aid  petitioned  for,  said  board  of 
county  commissioners  shall,  at  the  regular  meeting  held  by  it 
on  the  first  Monday  in  August  thereafter,  levy  such  tax  on  the 
taxable  property  of  the  entire  county  sufficient  to  raise  the 
amount  necessary  to  aid  such  district  or  districts  as  said  county 
superintendent  and  said  board  of  commissioners  believe  proper. 

SEC.  423.  Duty  of  County  Superintendent.  [Laws  1911,  ch. 
263,  sec.  11.]  It  shall  be  the  duty  of  the  county  superintendent 
to  certify  to  the  county  commissioners  and  to  the  county  treas- 
urer, on  or  before  the  1st  day  of  July  in  each  year,  the  amount 
of  money  necessary  to  aid  the  district  or  districts  maintaining 
high  schools  under  the  provisions  of  this  act,  for  the  year  end- 
ing on  the  30th  day  of  June  preceding,  and  the  county  commis- 
sioners shall  thereupon  make  such  a  levy  only,  within  the  limi- 
tations herein  prescribed,  as  may  be  necessary  to  produce  the 
amount  of  aid  herein  provided  for  such  high  school  or  high 
schools,  within  their  respective  counties. 

SEC.  424.  Counties  Exempt.  [Laws  1911,  ch.  263>  sec.  12.] 
Counties  maintaining  a  county  high  school  and  counties  having 
high  schools  in  operation  under  the  provisions  of  chapter  397 
of  the  Laws  of  1905,  or  the  provisions  of  said  chapter  as 
amended,  shall  be  exempt  from  the  provisions  of  this  act. 

ARTICLE  VI. — TOWNSHIP  HIGH  SCHOOLS. 

.•§425.    Authority  to  establish  township  high 
schools. 

426.  Election. 

427.  Supervision;  course  of  study. 

SECTION  425.  Authority  to  Establish  Township  High 
Schools.  [Laws  1913,  ch.  278,  sec.  1.]  That  section  1  of 
chapter  262  of  the  Session  Laws  of  1911  be  and  the  same  is 
hereby  amended  so  as  to  read  as  follows:  Section  1.  The 
legal  electors  of  any  township  in  which  there  is  no  incor- 
porated city  of  not  to  exceed  300  population,  in  the  state,  are 
hereby  authorized,  as  provided  for  in  this  act,  to  establish, 
locate  and  maintain  a  high  school  in  such  township. 

SEC.  425.  Election.  [Laws  1911,  ch.  262,  sec.  2.]  Whenever 
a  petition  is  presented  to  the  township  board  of  any  township, 
described  in  section  1,  in  the  state,  at  any  of  its  regular  meet- 
ings, signed  by  more  than  one-third  of  the  legal  electors  of  said 
township  as  is  shown  by  the  last  preceding  election,  requesting 
said  township  board  to  call  an  election  under  the  provisions  of 
this  act  to  locate  and  establish  a  township  high  school  in  said 


§428.    Tuition  free;   regulations. 

429.  Admission   of   outside  pupil! 

430.  Annual  meeting;  levy. 


OH.  13]  TOWNSHIP   HIGH   SCHOOLS.  141 

township,  the  location  to  be  named  in  said  petition,  it  shall 
then  be  the  duty  of  said  township  board  to  call  a  special  elec- 
tion to  decide  the  question  of  locating  and  establishing  such 
high  school  and  the  voting  of  bonds  therefor.  All  elections  held 
under  the  provisions  of  this  act  shall  be  governed  by  the  provi- 
sions of  the  general  election  law  of  this  state  where  not  con- 
trary to  this  act.  Notice  of  all  such  elections  shall  be  given  at 
least  twenty-one  days  prior  to  the  day  fixed  for  such  election, 
by  posting  up  printed  or  typewritten  notices  on  the  door  of 
each  schoolhouse  in  said  township  and  publishing  the  same 
twice  in  the  official  county  paper  of  the  county  wherein  the 
township  is  situated,  setting  forth  fully  the  purposes  and  ob- 
jects of  such  election  and  the  time  and  place  or  places  where  it 
is  to  be  held ;  provided,  that  this  act  shall  not  apply  to  counties 
having  a  population  of  less  than  10,000.  Upon  a  proposition 
being  carried  to  establish  a  township  high  school  in  any  town- 
ship, the  township  board  of  such  township  shall  call  a  special 
election  to  elect  a  township  high-school  board,  consisting  of  a 
director,  clerk  and  treasurer. 

SEC.  427.  Supervision;  Course  of  Study.  [Laws  1911,  ch. 
262,  sec.  3.]  The  county  superintendents  of  public  instruction 
shall  have  the  same  general  supervision  over  said  township 
high  schools  as  they  now  have  by  law  over  the  district  schools ; 
and  it  is  further  made  the  duty  of  the  superintendent  of  pub- 
lic instruction  to  provide  courses  of  study  for  said  township 
high  schools,  to  correspond  with  that  required  by  section  7775 
of  the  General  Statutes  of  1909,  governing  county  high  schools. 

SEC.  428.  Tuition  Free;  Regulations.  [Laws  1911,  ch.  262, 
sec.  4.]  Tuition  shall  be  free  to  all  pupils" residing  in  the  town- 
ship where  the  school  is  located.  The  board  of  directors  of 
said  township  high  school  shall  make  such  rules  and  regula- 
tions as  are  provided  in  section  7776  of  the  General  Statutes  of 
1909,  in  relation  to  county  high  schools,  and  make  them  appli- 
cable to  said  township  high  schools. 

SEC.  429.  Admission  of  Outside  Pupils.  [Laws  1911,. ch.  262, 
sec.  5.]  If  at  any  time  the  school  can  accommodate  more  pu- 
pils than  apply  for  admission  from  the  township  in  which  the 
school  is  located,  pupils  may  be  admitted  from  other  townships, 
upon  the  payment  of  such  fees  for  tuition  as  the  board  of  di- 
rectors of  said  township  high  school  may  prescribe,  but  at  no 
time  shall  such  pupils  continue  in  such  township  high  school  to 
the  exclusion  of  pupils  residing  in  the  township  where  the 
school  is  located. 

SEC.  430.  Annual  Meeting;  Levy.  [Laws  1911;  ch.  262, 
sec.  6.]  The  annual  school  meeting  for  the  election  of  school 
officers  for  the  township  shall  be  held  at  two  o'clock  P.  M.  on  the 
day  preceding  the  date  of  the  annual  meeting  for  school  dis- 
tricts. The  township  high-school  boards  shall  meet  annually 


142  TOWNSHIP   HIGH   SCHOOLS.  [CH.  13 

on  the  third  Monday  in  April,  at  two  P.  M.,  at  the  township 
high-school  buildings  in  their  respective  townships,  and  shall 
make  the  necessary  levy  for  taxes,  not  to  exceed  four  mills  on 
the  dollar  of  valuation  on  all  taxable  property  in  the  respective 
townships,  to  pay  teachers  and  incidental  expenses  of  said  high 
schools;  the  clerks  of  said  high-school  districts  to  certify  the 
levy  to  the  county  clerks,  who  are  to  extend  the  amounts  on 
the  tax  rolls,  and  the  county  treasurers  to  collect  the  taxes,  the 
same  as  provided  for  other  taxes. 


CH.  14] 


INDUSTRIAL  EDUCATION. 


143 


CHAPTER  XIV.— INDUSTRIAL  EDUCATION. 


§431.    Tax  for  industrial  training. 

432.  Boards  provide  schoolrooms. 

433.  State    Board   prescribes    course    and 

standard. 


§434. 
435. 
436.  Appropriation  for 


Report  to  state  superintendent. 
State  aid. 


SECTION  431.  Tax  for  Industrial  Training.  [7839.]  The 
board  of  education  of  each  city  of  the  first  class  and  second 
class,  and  the  annual  school  meeting  of  any  school  district, 
may,  in  addition  to  the  other  levies,  levy  a  tax  not  to  exceed  one- 
half  mill145  upon  the  dollar  of  assessed  valuation  in  cities  of 
the  first  and  second  class,  and  not  to  exceed  one  mill146  on  the 
dollar  of  the  assessed  valuation  in  all  other  cities  and  school 
districts,  for  the  equipment  and  maintenance  of  industrial- 
training  schools  or  industrial-training  departments  of  the  pub- 
lic schools.  The  sum  raised  by  such  levies  shall  be  expended 
for  the  purpose  named  in  this  act  and  no  other.  (Laws  1903, 
ch.  20,  sec.  1.) 

SEC.  432.  Boards  May  Provide  Schoolrooms.  [7840.]  Said 
board  of  education  and  district  board,  upon  such  levy  being 
made,  may  provide  for  a  separate  school  or  a  separate  depart- 
ment in  some  existing  school,  and  may  employ  such  teachers 
as  they  think  are  competent  to  give  instruction  in  industrial 
training,  as  required  by  their  course  of  study;  and  it  shall  be 
the  duty  of  such  board  to  provide,  from  the  funds  received 
under  the  provisions  of  this  act,  the  necessary  books,  ap- 
pliances and  room  for  such  instruction,  and  it  shall  be  the  duty 
of  such  board  to  prescribe  a  course  of  study  to  meet  the  special 
needs  of  the  district  or  city,  which  course  of  study  must  be 
approved  by  the  State  Board  of  Education.  (Laws  1903,  ch. 
20,  sec.  2.) 

SEC.  433.  State  Board  Prescribes  Course  and  Standard. 
[7841.]  The  State  Board  of  Education  shall  establish  a  standard 
for  teachers  of  industrial  training,  and  shall  grant  special  cer- 
tificates to  those  who  are  fully  qualified  to  give  instruction 
therein ;  and  they  shall  prescribe  the  course  of  study  in  indus- 
trial training  to  be  used  in  the  state.  (Laws  1903,  ch.  20, 
sec.  3.) 

SEC.  434.  Report  to  State  Superintendent.  [7842.]  On  the 
1st  day  of  July  in  each  year,  the  clerk  of  each  school  board  or 
district  maintaining  a  school  or  department  for  industrial 

145.  Limited  to  one-eighth  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  474  of  this  book). 

146.  Limited  to  one-quarter  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  474  of  this  book). 


144  INDUSTRIAL  EDUCATION.  [CH.  14 

training  as  aforesaid,  and  desiring  state  aid,  shall  make  a  re- 
port, duly  certified,  to  the  state  superintendent  of  public  in- 
struction, in  such  form  as  may  be  required,  setting  forth  the 
facts  relating  to  the  cost  of  maintaining  such  school  or  de- 
partment for  industrial  training,  the  character  of  the  work 
done,  the  number  and  names  of  the  teachers  employed  in  such 
work,  and  the  length  of  time  such  school  or  department  was 
maintained  during  the  preceding  year.  Upon  receipt  of  such 
report,  the  state  superintendent,  when  satisfied  therefrom,  and 
from  such  other  investigation  as  he  may  deem  advisable,  that 
such  school  or  department  for  industrial  training  has  been  es- 
tablished and  maintained  for  a  period  of  six  months  in  the 
year  immediately  preceding,  and  has  been  taught  by  a  special 
teacher  or  teachers  having  the  qualifications  mentioned  in 
sections  3  and  4  of  this  act,147  shall  make  a  certificate  to  that 
effect,  showing  also  the  amount  of  money  expended  by  such 
school  district  in  the  twelve  months  immediately  preceding 
the  1st  day  of  July  of  each  year  in  maintaining  such  school  or 
department  for  industrial  training,  and  submit  such  certifi- 
cate to  the  state  auditor.  (Laws  1903,  ch.  20,  sec.  4.) 

SEC.  435.  State  Aid.148  [7843.]  Upon  receiving  such  cer- 
tificate mentioned  in  section  4149  of  this  act,  the  state  auditor 
shall  draw  his  warrant  upon  the  state  treasurer,  payable  to 
the  treasurer  of  the  school  district  or  board  of  education  main- 
taining said  school  or  department,  for  a  sum  of  money  equal 
to  that  contributed  by  such  school  district  for  such  purpose, 
but  not  exceeding  the  sum  of  $250;  and  provided,  that  the 
total  sum  of  money  contributed  by  the  state  as  aforesaid  for 
such  purposes  shall  not  exceed  tfie  sum  of  $10,000  in  any  one 
year.  (Laws  1903,  ch.  20,  sec.  5.) 

SEC.  436.  Appropriation.150  [7844.]  For  carrying  out  the 
provisions  of  this  act,  the  sum  of  $20,000,  or  so  much  as  may 
be  necessary,  is  hereby  appropriated  out  of  the  state  treasury, 
out  of  any  money  not  otherwise  appropriated.  (Laws  1903, 
ch.  20,  sec.  6.) 

147.  Sections  433  and  434  of  this  book. 

148.  State  aid  will  not  be  available  hereafter  unless  succeeding  legis- 
latures make  appropriations  for  this  purpose. 

149.  See  section  434  of  this  book. 

150.  No  appropriation  was  made  for  1913  or  1914. 


CH.  15] 


INDUSTRIAL-S«HOOL  PUPILS. 


145 


CHAPTER  XV.— INDUSTRIAL-SCHOOL  PUPILS.151 


§437.    County  superintendent  shall  visit  in- 
dentured pupils. 
438.     Pupils  not  properly  provided  for. 


§439.  County  superintendent  to  seek 
persons  willing  to  receive 
dentured  pupils. 


out 


SECTION  437.  County  Superintendent  Shall  Visit  Indentured 
Pupils.  [8686.]  The  superintendents  of  public  instruction  in 
the  several  counties  of  the  state  are  hereby  designated  as  visit- 
ing agents,  to  have  local  supervision  over  indentured  pupils  of 
the  Reform152  School.  It  shall  be  the  duty  of  each  visiting 
agent  to  visit  as  often  as  twice  each  year  all  pupils  of  the  Re- 
form School152  who  may  have  been  indentured  to  persons  resid- 
ing within  his  county.153  He  shall  inquire  into  the  condition  of 
such  pupils,  and  make  such  other  investigations  in  relation 
thereto  as  the  board  of  trustees  may  prescribe;  and  for  the 
purpose  aforesaid,  said  agents  may  have  private  interviews 
with  such  pupils  at  any  time,  and  shall  have  power  to  adminis- 
ter oaths.  (Laws  1881,  ch.  129,  sec.  13.) 

SEC.  438.  Pupils  Not  Properly  Provided  for.  [8687.]  When 
any  visiting  agent  is  of  the  opinion  that  an  indentured  pupil 
is  not  properly  provided  for,  and  can  not  be  so  held  to  his  fur- 
ther advantage,  he  shall  report  the  fact  to  the  board  of  trus- 
tees; and  no  pupil  shall  be  indentured  to  any  person  until 
notice  of  an  application  therefor  has  been  given  to  said  agent, 
and  his  report  in  writing,  made  after  investigation  into  the 
propriety  thereof,  is  filed  with  the  institution.  (Laws  1881, 
ch.  129,  sec.  14.) 

SEC.  439.  Seek  Out  Persons  to  Receive  Indentured  Pupils. 
[8688.] 153  Said  agent  shall  seek  out  suitable  persons  who  are 
willing  to  receive  pupils  from  the  Reform  School152  under  ar- 
ticles of  indenture,  and  give  notice  thereof  to  the  president  of 
the  board  of  trustees,  which  notice  shall  contain  the  agent's 
recommendation  of  the  applicant  as  a  proper  person  to  receive 
and  have  the  care  of  any  such  pupil.  (Laws  1881,  ch.  129, 
sec.  15.) 

151.  The  requirements  of  this  chapter,  as  well  as  those  of  sections 
8686,   8687   ^nd   8688,   referred  to  footnote   137,   are  probably  modified 
by  the  provisions  of  chapter  475,  Laws  of  1905,  entitled  "Board  of  Con- 
trol of  State  Charitable  Institutions." 

152.  Refers  to  Industrial  School  for  Boys. 

153.  Sections    8686,    8687,    8688,    General    Statutes   of    1909,    impose 
similar  duties  relative  to  the  Industrial  School  for  Girls. 


146 


JUVENILE  COURT. 


[CH.  16 


CHAPTER  XVI.— JUVENILE  COURT. 


§456.    Suspension     of     sentence;     release; 
bond. 

457.  Custody  of  child  during  suspension 

of  sentence. 

458.  Forfeiture  of  bond  and  term  of  pro- 

bation. 

459.  Judgment    in    case   of    forfeiture    of 

bond. 

460.  Acts  not  repealed. 

461.  Detention  home;  juvenile  farm. 

462.  Government  of  detention  home. 

463.  Record  of  inmates  of  detention  home. 

464.  Tax    levied    for    detention    home    or 

juvenile   farm;    salary   of   matron 
or  superintendent. 

465.  Annual  report  of  judge  of  juvenile 

court. 

466.  Jurisdiction  after  the  age  of  sixteen. 

467.  Compensation   in   counties   having   a 

population  of  over  25,000. 

468.  Jurisdiction. 

469.  Police  and  sheriff  entitled  to  witness 

fees. 

470.  Blanks. 

471.  Procedure  in  juvenile  court. 

472.  Appeal. 


§440.    Probate  judge;  jurisdiction;  author- 
ity; fees. 

441.  Over   whom   the   juvenile   court   has 

jurisdiction. 

442.  Probation  officer;  appointed;  duties; 

truant   officer. 

443.  Who  may  make  the  complaint. 

444.  Summoning  custodian  of  child. 

445.  Custody  of  child;  continuance  of  the 

hearing. 

446.  Care  of  dependent  or  neglected  child. 

447.  The  child  as  the  ward  of   an  asso- 

ciation or   individual. 

448.  The  child  committed  to  the  care  of 

a  probation  officer. 

449.  The  court  may  revoke  the  custody. 

450.  Child  under  sixteen  not  to  be  taken 

before  courts  other  than  juvenile 
courts. 

451.  Appeals  to  district  court. 

452.  Assistance    of    city    and    county    at- 

torneys, and  other  officials. 

453.  Discretion    of    juvenile    court    as    to 

penalties    of    state    laws    and    city 
ordinances. 

454.  Care    and    custody    of    child    to    be 

parental. 

455.  Parents  responsible  for  delinquency 

of  children ;   penalty. 

SECTION  440.  Probate  Judge;  Jurisdiction;  Authority;  Fees. 
[5099.]  That  there  be  and  hereby  is  created  and  established 
in  each  county  of  the  state  a  court,  to  be  known  as  the  " juvenile 
court,"  whose  jurisdiction  shall  pertain  to  the  care  of  depend- 
ent, neglected  and  delinquent  children.  The  probate  judge  of 
each  county  shall  be  the  judge  of  the  juvenile  court  in  his 
county,  and  he  shall  be  furnished  by  the  board  of  county  com- 
missioners, at  the  expense  of  the  county,  with  such  dockets, 
records,  and  blanks,  upon  his  requisition,  as  may  be  necessary 
in  the  conduct  of  the  business  of  the  court.  Said  court  shall 
have  jurisdiction  of  all  cases  concerning  dependent,  neglected 
and  delinquent  children  in  their  respective  counties,  shall  be 
open  at  all  times  for  the  transaction  of  business,  and  may 
make  such  disposition  of  cases  as  is  hereinafter  provided. 
They  shall  have  authority  to  issue  subpoenas  for  witnesses,  and 
compel  their  attendance  by  attachment  as  for  contempt,  and  to 
issue  all  other  process  that  may  be  necessary  in  any  case,  the 
same  as  justices  of  the  peace  are  authorized  to  do  in  misde- 
meanors. All  writs  and  process  shall  be  served  by  the  proba- 
tion officer  of  the  court,  or,  in  his  absence,  by  some  person 
especially  deputized  for  that  purpose  by  the  court.  The  judge 
of  the  juvenile  court  shall  receive  as  compensation  for  his 
services  the  same  fees  as  are  allowed  the  probate  judge  for 
like  services,  and  said  fees  shall  be  in  addition  to  all  fees  or 
salary  received  by  him  as  judge  of  the  probate  court;  said  fees 
are  to  be  allowed  by  the  county  commissioners  and  paid  out 
of  the  county  treasury.  (Laws  1905,  ch.  190,  sec.  1.) 


OH.  16]  JUVENILE  COURT.  147 

SEC.  441.  Over  Whom  the  Juvenile  Court  Has  Jurisdiction. 
[5100.]  This  act  shall  apply  only  to  children  under  the  age  of 
sixteen  years,  not  now  or  hereinafter  inmates  of  any  state  in- 
stitution or  any  industrial  school  for  boys  or  industrial  school 
for  girls  or  some  institution  incorporated  under  the  laws  of 
this  state;  provided,  that  when  jurisdiction  has  been  acquired 
under  the  provision  hereof  over  the  person  of  a  child,  such 
jurisdiction  may  continue  for  the  purposes  of  this  act  until 
the  child  has  attained  its  majority.  For  the  purpose  of  this 
act,  the  words  "dependent  child"  and  "neglected  child"  shall 
mean  any  child  who  for  any  reason  is  destitute  or  homeless 
or  abandoned,  or  dependent  upon  the  public  for  support,  or 
has  not  proper  parental  care  or  guardianship,  and  has  idle 
and  immoral  habits,  or  who  habitually  begs  or  receives  alms, 
or  who  is  found  living  in  any  house  of  ill  fame  or  with  any 
vicious  or  disreputable  persons;  or  whose  home,  by  reason  of 
neglect,  cruelty  or  depravity  on  the  Dart  of  its  parents,  guard- 
ian or  other  person  in  whose  care  it  may  be,  is  an  unfit  place 
for  such  a  child ;  or  any  child  under  the  age  of  ten  years  who 
is  found  begging,  peddling,  or  selling  any  article,  or  singing 
or  playing  any  musical  instrument  upon  the  street,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing.  The 
words  "delinquent  child"  shall  include  any  child  under  the 
age  of  sixteen  years  who  violates  any  law  of  this  state  or  any 
city,  town  or  village  ordinance;  or  who  is  incorrigible;  or 
who  knowingly  associates  with  thieves,  vicious  or  immoral  per- 
sons ;  or  who  is  growing  up  in  idleness  or  crime ;  or  who  know- 
ingly patronizes  any  pool-rooms  or  place  where  gambling 
devices  are  operated.  The  word  "child"  or  "children"  may 
mean  one  or  more  children,  and  the  word  "parent"  or  "parents" 
may  be  held  to  mean  one  or  both  parents,  when  consistent  with 
the  intent  of  this  act.  The  word  "association"  shall  include  any 
corporation  which  includes  in  its  purpose  the  care  or  discipline 
of  children  coming  within  the  meaning  of  this  act.  (Laws 
1905,  ch.  190,  sec.  2.) 

SEC.  442.  Probation  Officer;  Appointed;  Duties;  Truant  Of- 
ficer. [5101.]  The  juvenile  court  having  jurisdiction  under 
this  act  shall  appoint  or  designate  one  or  more  discreet  persons 
of  good  character  to  serve  as  probation  officers  during  the 
pleasure  of  the  court;  said  probation  officer  shall  receive  as 
compensation,  from  the  public  treasury,  a  sum  to  be  fixed  by 
the  court,  said  sum  not  to  exceed  two  'dollars  per  day  for 
services  actually  performed;  provided,  that,  in  cities  having 
a  population  of  15,000  or  over,  the  compensation  shall  not 
be  more  than  three  dollars  per  day.  Whenever  there  is 
to  be  a  child  brought  before  any  court  having  a  probation 
officer,  it  shall  be  the  duty  of  the  judge  of  the  court,  if  prac- 
ticable, to  notify  the  probation  officer  in  advance  when  any 
child  is  to  be  brought  before  the  court.  It  shall  be  the  duty 


148  JUVENILE   COURT.  [CH.  16 

of  said  probation  officer  to  make  such  investigation  as  may  be 
required  by  the  court;  to  be  present  in  court  in  order  to  rep- 
resent the  interest  of  the  child  when  the  case  is  heard;  to 
furnish  to  the  court  such  information  and  assistance  as  the 
judge  may  require,  and  to  take  such  charge  of  any  child  before 
and  after  trial  as  may  be  directed  by  the  court ;  and  the  court 
shall  have  power  to  make  and  enforce  rules  specifying  the 
duties  of  the  probation  officer  in  any  and  all  cases.  The  judge 
of  said  juvenile  court  may,  at  his  discretion,  designate  as  pro- 
bation officer  the  regular  truant  officer  of  the  county,  who 
shall  perform  the  duties  of  this  office  in  addition  to  the  duties 
of  the  truant  officer,  as  provided  by  law,  and  he  shall  receive 
no  further  remuneration  than  is  provided  by  laws  already  ex- 
isting. Any  probation  officer  may,  without  warrant  or  other 
process,  at  any  time  until  the  final  disposition  of  the  case  of 
any  child  over  whom  said  juvenile  court  shall  have  acquired 
jurisdiction,  take  the  child  placed  in  his  care  by  said  court  and 
bring  the  child  before  the  court,  or  the  court  may  issue  a  war- 
rant for  the  arrest  of  any  child,  and  the  court  may  thereupon 
proceed  to  sentence  or  make  such  other  disposition  of  the  case 
as  he  may  deem  best.  (Laws  1905,  ch.  190,  sec.  3.) 

SEC.  443.  Who  May  Make  the  Complaint.  [5102.]  Any 
reputable  person,  being  a  resident  in  the  county,  having  knowl- 
edge of  a  child  in  his  county  who  appears  to  be  either  depend- 
ent, neglected  or  delinquent  within  the  meaning  of  this  act, 
may  file  with  the  court  having  jurisdiction  in  the  matter  a 
petition,  in  writing,  setting  forth  the  facts,  verified  by  affidavit. 
It  shall  be  sufficient  that  the  affidavit  be  upon  information  and 
belief.  If  it  shall  be  determined  by  the  court  that  there  is  no 
ground  for  complaint,  no  permanent  record  shall  be  made  by 
the  court.  (Laws  1905,  ch.  190,  sec.  4.) 

SEC.  444.  Summoning  Custodian  of  Child.  [5103.]  Upon 
the  filing  of  the  petition,  unless  the  parties  shall  voluntarily 
appear  or  be  in  court,  a  summons  shall  issue  in  the  name  of 
the  state  of  Kansas,  requiring  the  child  and  the  person  having 
custody  and  control  of  the  child,  or  with  whom  the  child  may 
be,  to  appear  with  the  child  at  the  place  and  at  the  time  set 
in  the  summons,  which  shall  not  be  later  than  twenty-four 
hours  after  service,  unless  otherwise  directed  by  the  court. 
The  parents  of  the  child,  if  living,  and  their  residence  known, 
or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither 
parent  nor  guardian;  or  if  his  or  her  residence  is  unknown, 
then  some  relative,  if  there  be  one,  and  his  or  her  residence  is 
known,  shall  be  notified  of  the  proceedings  ;•  and  in  any  case 
the  judge  may  appoint  some  suitable  person  or  association  to 
act  in  behalf  of  the  child.  If  the  person  summoned,  as  herein 
provided,  shall  fail  without  reasonable  cause  to  appear  and 
abide  the  order  of  the  court,  or  to  bring  the  child,  such  person 
may  be  proceeded  against  as  in  case  of  contempt  of  court.  In 


CH.  16]  •  JUVENILE   COURT.  149 

case  the  summons  can  not  be  served,  or  the  party  served  shall 
fail  to  obey  the  same,  or  in  case  when  it  shall  be  made  to 
appear  to  the  court  that  such  summons  will  be  ineffectual,  a 
warrant  may  issue  on  order  of  the  court,  either  against  the 
parent  or  guardian,  or  the  person  having  custody  of  the  child, 
or  against  the  child  itself.  On  the  return  of  the  summons  or 
other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall 
proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner 
and  enter  final  judgment  therein;  and  the  costs  of  all  proceed- 
ings under  this  act  may,  'in  the  discretion  of  the  court,  be 
adjudged  against  the  person  or  persons  so  summoned,  appear- 
ing, or  arrested,  as  the  case  may  [be],  and  collected  as  pro- 
vided by  law  in  civil  cases.  (Laws  1905,  ch.  190,  sec.  5.) 

SEC.  445.  Custody  of  the  Child;  Continuance  of  the  Hearing. 
[5104.]  In  any  case  the  court  may  continue  the  case  from 
time  to  time,  and  may  in  the  meantime  commit  the  child  to  the 
care  and  control  of  the  probation  officer,  or  may  allow  such 
child  to  remain  in  its  own  home,  or  in  the  custody  of  some 
suitable  person,  subject  to  the  supervision  and  control  of  the 
probation  officer  and  to  such  other  conditions  as  may  be  im- 
posed by  the  court ;  or  the  court  may  authorize  the  child  to  be 
placed  in  a  suitable  family  home,  subject  to  the  friendly  super- 
vision of  the  probation  officer  and  the  further  order  of  the  court. 
Pending  a  hearing,  no  child  shall  be  committed  to  a  jail  or  police 
station,  except,  in  case  of  felony,  the  judge,  if  he  deems  it 
advisable,  may  commit  such  child  to  jail  until  the  trial  and 
final  disposition  of  the  case ;  but  when  other  provision  shall  not 
have  been  made  for  its  care  and  custody,  the  court  shall  direct 
it  to  be  kept  in  some  suitable  place  provided  by  the  county  out- 
side of  a  jail  or  police  station.  (Laws  1905,  ch.  190,  sec.  6.) 

SEC.  446.  Care  of  Dependent  or  Neglected  Child.  [5105.] 
When  any  child  under  the  age  of  sixteen  years  shall  be  found 
to  be  dependent  or  neglected,  within  the  meaning  of  this  act, 
the  court  may  make  an  order  committing  the  child  to  the  care 
of  some  suitable  institution,  or  the  care  of  some  reputable 
citizen  of  good  moral  character,  or  to  the  care  of  some  training 
school  or  an  industrial  school,  as  provided  by  law,  or  to  the  care 
of  some  association  willing  to  receive  it,  embracing  in  its  object 
the  purpose  of  caring  for  or  obtaining  homes  for  neglected  or 
dependent  children.  The  court  may,  when  the  health  or  condi- 
tion of  the  child  shall  require  it,  cause  the  child  to  be  placed  in 
a  public  hospital  or  institution  for  treatment  or  special  care, 
or  in  a  private  hospital  or  institution  which  will  receive  it  for 
like  purpose  without  charge.  (Laws  1905,  ch.  190,  sec.  7.) 

SEC.  447.  The  Child  as  the  Ward  of  an  Association  or  Indi- 
vidual. [5106.]  In  any  case  where  the  court  shall  award  a 
child  to  the  care  of  any  association  or  individual,  in  accordance 
with  the  provisions  of  this  act,  the  child  shall,  unless  otherwise 
ordered,  become  a  ward,  and  be  subject  to  the  guardianship  of 


150  JUVENILE   COURT.     »  [CH.  16 

the  association  or  individual  to  whose  care  it  is  committed. 
Such  association  or  individual  shall  have  authority  to  place 
such  child  in  a  family  home,  with  or  without  indenture,  and 
may  be  made  party  to  any  proceedings  for  the  legal  adoption 
of  the  child,  and  may  by  its  or  his  attorney  or  agent  appear  in 
any  court  where  such  proceedings  are  pending  and  assent  to 
such  adoption;  and  such  assent  shall  be  sufficient  to  authorize 
the  court  to  enter  proper  order  or  decree  of  adoption.  Such 
guardianship  shall  not  include  the  guardianship  of  any  estate 
of  the  child.  (Laws  1905,  ch.  190,  sec.  8.) 

SEC.  448.  The  Child  Committed  to  the  Care  of  a  Probation 
Officer.  [5107.]  In  case  of  a  delinquent  child,  the  court  may 
continue  the  hearing  from  time  to  time,  and  may  in  the  mean- 
time commit  the  child  to  the  care  and  control  of  a  probation 
officer  duly  appointed  by  the  court,  and  may  allow  such  child 
to  remain  in  it:  own  home,  subject  to  the  visitation  and  control 
of  the  probation  officer;  such  child  to  report  to  the  court  as 
often  as  may  be  required,  and  shall  be  subject  to  be  returned  to 
the  court  for  further  proceedings  whenever  such  action  shall 
appear  to  the  court  to  be  necessary ;  or  the  court  may  authorize 
the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the 
friendly  supervision  of  the  probation  officer  and  the  further 
order  of  the  court ;  or  it  may  authorize  the  child  to  be  boarded 
out  in  some  suitable  family  home,  in  case  provision  is  made  by 
voluntary  contribution  or  otherwise  for  payment  of  the  board 
of  such  child  until  suitable  provision  may  be  made  for  the 
child  in  a  home  without  such  payment ;  or  the  court  may  com- 
mit the  child  to  a  suitable  institution  for  the  care  of  delinquent 
children ;  provided,  that  no  child  under  the  age  of  sixteen  years 
shall  be  committed  to  the  State  Reformatory,  and  in  no  case 
shall  a  child  be  committed  beyond  his  or  her  minority.  A  child 
committed  to  such  institution  shall  be  subject  to  the  control  of 
the  board  of  managers  thereof,  and  the  board  shall  have  power 
to  parole  such  child  on  such  conditions  as  it  may  prescribe; 
and  the  court  shall,  on  the  recommendation  of  the  board,  have 
power  to  discharge  such  child  from  custody  whenever,  in  the 
judgment  of  the  court,  his  or  her  reformation  is  complete;  or 
the  court  may  commit  the  child  to  the  care  and  custody  of 
some  association  that  will  receive  it,  embracing  in  its  objects 
the  care  of  neglected  and  dependent  children,  if  such  institution 
be  duly  credited  as  hereinafter  provided,  or  to  the  care  and  cus- 
tody of  some  discreet  person.  (Laws  1905,  ch.  190,  sec.  9.) 

SEC.  449.  The  Court  May  Revoke  the  Custody.  [5108.]  In 
any  case  where  a  dependent,  neglected  or  delinquent  child  has 
been  committed  to  the  care  and  custody  of  any  association  or 
individual,  the  court  may  cause  the  child  to  be  brought  before 
it,  together  with  the  person  in  whose  custody  he  may  be,  and 
if  it  shall  appear  that  a  continuance  of  such  custody  is  not  for 
the  best  interests  of  such  child,  the  court  may  revoke  and  set 


CH.  16]  JUVENILE   COURT.  151 

aside  the  order  giving  such  custody,  and  make  such  further 
orders  in  the  premises  as  to  the  future  disposition  of  the  child 
as  shall  seem  best.  (Laws  1905,  ch.  190,  sec.  10.) 

SEC.  450.  Child.  Under  Sixteen  Not  to  be  Taken  Before 
Courts  Other  than  Juvenile  Courts.  [5109.]  When  a  child 
under  the  age  of  sixteen  years  is  arrested,  with  or  without  a 
warrant,  such  child  shall,  instead  of  being  taken  before  a 
justice  of  the  peace  or  police,  magistrate  or  judge  or  any  other 
court  now  or  hereafter  having  jurisdiction  of  the  offense 
charged,  be  taken  before  such  juvenile  court;  or  if  the  child 
shall  have  been  taken  before  a  justice  of  the  peace  or  police 
magistrate  or  judge  of  such  court,  it  shall  be  the  duty  of  such 
justice  of  the  peace  or  police  magistrate  or  judge  of  such  court 
to  transfer  the  case  to  such  juvenile  court,  and  of  the  officer 
having  the  child  in  charge  to  take  such  child  before  said  court ; 
and  in  any  such  case  the  said  court  may  proceed  to  hear  the 
defense  of  the  case  in  the  same  manner  as  if  the  child  had  been 
brought  before  the  court  upon  the  petition  as  herein  provided, 
in  any  case  the  court  shall  require  notice  to  be  given  and  in- 
vestigation to  be  made  as  in  the  several  cases  under  this  act 
provided  for,  and  may  adjourn  the  hearing  from  time  to  time 
for  the  purpose.  (Laws  1905,  ch.  190,  sec.  11.) 

SEC.  451.  Appeals  to  District  Court.  [5110.]  An  appeal 
shall  be  allowed  to  the  district  court  by  any  child  from  the 
final  order  of  commitment  made  by  the  juvenile  court,  and  may 
be  demanded  on  the  part  of  the  child  by  its  parent,  guardian, 
or  custodian,  or  by  any  relation  of  such  child  within  the  third 
degree  of  kinship.  Such  appeal  shall  be  taken  within  ten  days 
after  the  making  of  the  order  complained  of  by  written  notice 
of  appeal  filed  with  the  judge  of  the  juvenile  court;  whereupon 
it  shall  be  the  duty  of  the  judge  of  said  court,  without  unneces- 
sary delay,  to  transmit  all  papers,  together  with  a  transcript  of 
his  records  of  the  case,  to  the  clerk  of  the  district  court  of  his 
county,  by  whom  the  case  shall  be  docketed  in  the  order  of  its 
reception.  Such  appeal  shall  not  suspend  or  vacate  the  order 
appealed  from,  but  the  same  shall  continue  in  force  in  all 
respects  the  same  as  if  no  appeal  had  been  taken  until  final  judg- 
ment has  been  rendered  in  the  district  court ;  provided,  how- 
ever, that  the  judge  of  the  district  court  may,  pending  a  hear- 
ing on  appeal,  make  such  modifications  of  the  order  of  the  juve- 
nile court  and  upon  such  conditions  as  to  him  may  seem  proper. 
Upon  the  final  hearing  on  appeal  the  case  shall  be  heard  and 
disposed  of  in  the  spirit  of  this  act  and  in  the  exercise  of  all 
the  powers  and  discretion  herein  given  to  the  juvenile  court. 
In  all  cases  of  felony  the  judge  of  the  juvenile  court  may  re- 
mand the  person  apprehended  to  the  district  court  or  county 
-court  for  trial.  (Laws  1905,  ch.  190,  sec.  12.) 

SEC.  452.    Assistance  of  City  and  County  Attorneys,  and 


152  JUVENILE   COURT.  [CH.  16 

Other  Officials.  [5111.]  It  shall  be  the  duty  of  all  county  at- 
torneys within  their  respective  counties,  and  city  attorneys 
within  their  respective  cities,  to  give  to  the  probation  officers 
such  aid  in  the  performance  of  their  duties  as  may  be  con- 
sistent with  the  duties  of  the  office  of  such  attorneys.  It  shall 
be  the  duties  of  the  police  officers  and  constables  making  ar- 
rests of  children  under  sixteen  years  of  age  in  the  counties 
herein  mentioned  to  at  once  give  information  of  that  fact  to 
the  probation  officer  or  to  the  judge  of  the  juvenile  court  herein 
provided,  and  also  to  furnish  such  probation  officer  or  judge 
with  all  the  facts  in  his  possession  pertaining  to  said  child,  its 
parents,  guardian,  or  other  person  likely  to  be  interested  in 
such  child,  and  also  the  nature  of  the  charge  upon  which  such 
charge  has  been  made.  Any  probation  officer  may,  without 
warrant  or  other  process,  at  any  time  until  final  disposition  of 
the  case  of  any  child  over  whom  said  juvenile  court  shall  have 
acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said 
court  and  bring  such  child  before  the  court,  or  the  court  may 
issue  a  warrant  for  the  arrest  of  any  such  child ;  and  the  court 
may  thereupon  proceed  to  sentence  or  make  other  disposition 
of  the  case.  •  (Laws  1905,  ch.  190,  sec.  13.) 

SEC.  453.  Discretion  of  Juvenile  Court  as  to  Penalties  of 
State  Laws  and  City  Ordinances.  [5112.]  All  punishments 
and  penalties  imposed  by  law  upon  persons  for  the  commission 
of  offenses  against  the  laws  of  the  state,  or  imposed  by  city 
ordinances  for  the  violation  of  such  ordinances,  in  the  case  of 
delinquent  children  under  the  age  of  sixteen  years,  shall  rest 
in  the  discretion  of  the  judge  of  the  juvenile  court,  and  execu- 
tion of  any  sentence  may  be  suspended  or  remitted  by  said 
court.  (Laws  1905,  ch.  190,  sec.  14.) 

SEC.  454.  Care  and  Custody  of  Child  to  be  Parental.  [5113.] 
This  act  shall  be  liberally  construed,  to  the  end  that  its  pur- 
poses may  be  carried  out,  to  wit,  that  the  care,  custody  and 
discipline  of  a  child  shall  approximate,  as  nearly  as  may  be, 
proper  parental  care;  and  in  all  cases  where  the  same  can  be 
properly  done,  that  a  child  may  be  placed  in  an  approved  family 
home,  by  legal  adoption  or  otherwise.  And  in  no  case  shall 
any  proceedings,  order  or  judgment  of  the  juvenile  court,  in 
cases  coming  within  the  purview  of  this  act,  be  deemed  or  held 
to  import  a  criminal  act  on  the  part  of  any  child ;  but  all  pro- 
ceedings, orders  and  judgments  shall  be  deemed  to  have  been 
taken  and  done  in  the  exercise  of  the  parental  power  of  the 
state.  (Laws  1905,  ch.  190,  sec.  15.) 

SEC.  455.  Parents  Responsible  for  Delinquency  of  Children; 
Penalty.  [5114.]  In  all  cases  where  any  child  shall  be  a  delin- 
quent, dependent  or  neglected  child,  as  defined  by  the  statutes 
of  this  state,  the  parent  or  parents  or  other  persons  responsible 
for  or  by  any  act  causing,  encouraging  or  contributing  to  such 


CH.  16]  JUVENILE  COURT.  153 

delinquency,  dependency  or  neglect  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  trial  and  conviction  thereof  shall  be 
fined  in  a  sum  not  to  exceed  one  thousand  dollars,  or  imprisoned 
in  the  county  jail  for  a  period  not  to  exceed  one  year,  or  by 
both  such  fine  and  imprisonment.  The  juvenile  courts  shall 
have  jurisdiction  of  all  cases  coming  within  the  provisions  of 
this  act.  (Laws  1907,  ch.  177,  sec.  1.) 

SEC.  456.  Suspension  of  Sentence;  Release;  Bond.  [5115.] 
The  court  may  suspend  any  sentence  hereunder  or  release  any 
person  sentenced  under  this  act  from  custody  upon  condition 
that  such  person  shall  furnish  a  good  and  sufficient  bond  or 
undertaking  to  the  people  of  the  state  of  Kansas  in  such  penal 
sum,  not  exceeding  two  thousand  dollars,  as  the  court  shall 
determine,  conditioned  for  the  payment  of  such  amount  as  the 
court  may  order,  not  exceeding  twenty-five  dollars  per  month 
for  each  child,  for  the  support,  care  and  maintenance  of  such 
child  while  under  the  guardianship,  or  in  the  custody  of  any 
individual  or  any  public,  private  or  state  home,  institution,  as- 
sociation or  orphanage  to  which  the  child  may  have  been  com- 
mitted or  entrusted  under  the  provisions  of  the  laws  of  this 
state  concerning  dependent  and  neglected  children.  (Laws 
1907,  ch.  177,  sec.  2.) 

SEC.  457.  Custody  of  Child  During  Suspension  of  Sentence. 
[5116.]  The  court  may  also  suspend  any  sentence  imposed 
under  this  act,  and  may  permit  any  dependent  child  to  remain 
in  the  custody  of  any  such  person  found  guilty  upon  conditions 
to  be  prescribed  or  imposed  by  the  court  as  seem  most  calcu- 
lated to  remove  the  cause  of  such  dependence  or  neglect,  and 
while  such  conditions  are  accepted  and  complied  with  by  any 
such  person  such  sentence  may  remain  suspended  and  such 
person  shall  be  considered  on  probation  in  said  court;  in  case 
a  bond  is  given  as  provided  herein,  the  conditions  prescribed 
by  the  court  may  be  made  a  part  of  the  terms  and  conditions 
of  such  bond.  (Laws  1907,  ch.  177,  sec.  3.) 

SEC.  458.  Forfeiture  of  Bond  and  Term  of  Probation. 
[5117.]  Upon  the  failure  of  any  such  person  to  comply  with 
the  terms  and  conditions  of  such  bond  or  of  the  conditions  im- 
posed by  the  court,  such  bond  or  the  term  of  probation  may  be 
declared  forfeited  and  terminated  by  the  court,  and  the  original 
sentence  executed  as  though  it  had  never  been  suspended,  and 
the  term  of  any  jail  sentence  imposed  in  any  such  case  shall 
commence  from  the  date  of  the  incarceration  of  any  such  per- 
son after  the  forfeiture  of  such  bond  or  term  of  probation. 
There  shall  be  deducted  from  any  such  period  of  incarceration 
any  part  of  such  sentence  which  may  have  already  been  served. 
(Laws  1907,  ch.  177,  sec.  4.) 

SEC.  459.  Judgment  in  Case  of  Forfeiture  of  Bond.  [5118.] 
It  shall  not  be  necessary  to  bring  a  separate  suit  to  recover  the 


154  JUVENILE   COURT.  [CH.  16 

penalty  of  any  such  bond  so  forfeited,  but  the  court  may  cause 
a  citation  to  issue  to  the  surety  or  sureties  thereon,  requiring 
that  he  or  they  appear  at  a  time  named  therein  by  the  court, 
which  time  shall  not  be  less  than  ten  nor  more  than  twenty 
days  from  the  issuance  thereof,  and  show  cause,  if  any  there 
be,  why  judgment  should  not  be  entered  for  the  penalty  of 
such  bond  and  execution  issued  for  the  amount  thereof  against 
the  property  of  the  surety  or  sureties  thereon,  as  in  civil  cases, 
and  upon  failure  to  appear  or  failure  to  show  any  such  suffi- 
cient cause,  the  court  shall  enter  such  judgment  in  behalf  of 
the  people  of  the  state  of  Kansas  against  such  surety  or  sure- 
ties, or  in  case  of  default  or  refusal  to  pay  the  said  bond,  action 
may  be  taken  in  any  court  of  competent  jurisdiction  in  behalf 
of  the  people  of  the  state  of  Kansas  to  compel  the  payment  of 
said  bonds.  Any  moneys  collected  or  paid  upon  any  such  exe- 
cution or  in  any  case  upon  said  bond  shall  be  turned  over  to 
the  county  treasurer  of  the  county  in  which  such  bond  is  given, 
to  be  applied  to  the  care  and  maintenance  of  the  child  or  chil- 
dren for  whose  dependency  such  conviction  was  had,  in  such 
manner  and  upon  such  terms  as  the  juvenile  court  may  direct; 
provided,  that  it  shall  not  be  necessary  in  the  opinion  of  the 
court  to  use  such  fund  or  any  part  thereof  for  the  support  and 
maintenance  of  such  child,  the  same  shall  be  paid  into  the 
county  treasury  and  become  a  part  of  the  funds  of  such  county. 
(Laws  1907,  ch.  177,  sec.  5.) 

SEC.  460.  Acts  Not  Repealed.  [5119.]  Nothing  in  this  act 
shall  be  construed  to  repeal  any  acts  providing  for  the  support 
by  parents  of  their  minor  children  or  any  part  of  the  acts  con- 
cerning delinquent  children  or  persons  contributing  thereto; 
and  nothing  in  said  acts  shall  prevent  proceedings  under  this 
act  in  any  proper  case.  (Laws  1907,  ch.  177,  sec.  6.) 

SEC.  461.  Detention  Home;  Juvenile  Farm.  [5120.]  That 
the  county  commissioners  of  every  county  of  the  state  having 
a  population  of  more  than  twenty  thousand  may  provide  a 
detention  home  or  a  juvenile  farm  for  the  purpose  of  caring 
for  homeless  children  under  sixteen  years  of  age  in  the  custody 
of  the  judge  of  the  juvenile  court;  provided,  however,  that  a 
juvenile  farm  may  be  established  only  in  counties  having  a 
city  whose  population  is  twenty-five  thousand  or  over.  Until 
a  building  is  erected  for  the  purpose  of  a  detention  home,  or 
until  a  juvenile  farm  with  suitable  and  convenient  buildings 
has  been  provided,  the  commissioners  may  lease  or  rent  a  suit- 
able and  convenient  building  or  a  part  thereof,  for  a  term  not 
to  exceed  five  years  for  any  one  period,  which  shall  be  used  as 
a  detention  home.  (Laws  1907,  ch.  177,  sec.  7.) 

SEC.  462.  Government  of  Detention  Home.  [5121.]  That 
the  detention  home  shall  be  in  charge  of  a  matron  or  of  a  man 
and  his  wife,  who  shall  be  under  the  supervision  of  the  judge 
of  the  juvenile  court.  The  inmates  of  the  detention  home  shall 


CH.  16]  JUVENILE  COURT.  155 

be  controlled  as  far  as  possible  through  parental  care.  The 
children  shall  be  placed  in  the  public  schools  where  possible, 
or,  if  it  be  so  determined,  the  commissioners  may  provide  for 
separate  instruction  within  the  home.  The  detention  home  is 
to  supplement  the  work  of  the  juvenile  court  and  to  be  used  in 
lieu  of  any  jail  or  prison,  but  it  shall  be  the  policy  of  the  judge 
of  the  juvenile  court,  probation  officer  and  the  matron  or  su- 
perintendent of  the  detention  home  to  make  the  said  house  of 
detention  a  temporary  home,  and  as  soon  as  possible  to  provide 
for  the  return  of  the  inmates  of  the  home  to  their  natural  par- 
ents or  to  parents  by  adoption.  (Laws  1907,  ch.  177,  sec.  8.) 

SEC.  463.  Record  of  Inmates  of  Detention  Home.  [5122.] 
It  shall  be  the  duty  of  the  matron  or  superintendent  of  the  de- 
tention home  to  keep  a  complete  record  of  all  inmates  of  the 
home,  including  age,  sex,  time  of  admission,  and  time  of  dis- 
charge, conduct  and  character,  state  of  health  at  time  of  ad- 
mission and  dismissal,  and  shall  make  a  monthly  report  to  the 
judge  of  the  juvenile  court  on  a  blank  provided  for  the  same. 
(Laws  1907,  ch.  177,  sec.  9.) 

SEC.  464.  Tax  Levied  for  Detention  Home  or  Juvenile  Farm; 
Salary  of  Matron  or  Superintendent.  [5123.]  For  the  support 
and  maintenance  of  the  detention  home  or  juvenile  farm,  the 
county  commissioners  shall  make  an  estimate  of  the  cost  and 
levy  a  tax,  as  in  the  case  of  providing  for  other  expenses  of 
the  county,  and  all  expenses  of  the  said  detention  home  or 
juvenile  farm  shall  be  accorded  as  a  part  of  the  expenses  of 
the  said  juvenile  court  of  the  said  county.  The  salary  of  the 
matron  or  superintendent  shall  be  fixed  by  the  county  commis- 
sioners, and  warrants  drawn  for  the  payment  of  said  salary 
and  all  other  bills  regularly  allowed  by  the  said  commissioners 
on  account  of  said  expenses  for  the  maintenance  of  said  deten- 
tion home  or  juvenile  farm.  (Laws  1907,  ch.  177,  sec.  10.) 

SEC.  465.  Annual  Report  of  Judge  of  Juvenile  Court.  [5124.] 
That  the  judge  of  the  juvenile  court  shall  make  an  annual  re- 
port on  the  1st  day  of  July  to  the  governor  of  the  state,  which 
shall  be  complete  history  of  the  proceedings  of  the  court  for 
the  preceding  year;  that  the  said  report  shall  contain  statistics 
of  the  number  of  cases,  the  nature  of  the  cases,  and  the  dispo- 
sition of  the  same.  It  shall  also  contain  a  financial  statement 
of  the  court,  including  all  expenses,  expenditures  made,  and 
fines  collected.  (Laws  1907,  ch.  177,  sec.  11.) 

SEC.  466.  Jurisdiction  After  the  Age  of  Sixteen.  [5125.] 
When  any  offender  before  the  age  of  sixteen  has  been  brought 
before  the  judge  of  the  juvenile  court,  the  jurisdiction  of  said 
court  over  said  offender  shall  not  expire  on  account  of  the 
child's  arriving  at  the  age  of  sixteen,  but  said  offender  shall 
continue  in  the  charge  of  said  court  until  he  is  finally  dis- 
charged by  the  same.  (Laws  1907,  ch.  177,  sec.  12.) 


156  JUVENILE   COURT.  [CH.  16 

SEC.  467.  Compensation  in  Counties  Having  a  Population  of 
Over  25,000.  [5126.]  In  counties  having  twenty-five  thousand 
people  or  over,  the  probation  officer  who  is  appointed  for  said 
county  shall  receive  compensation  not  to  exceed  three  dollars  a 
day  for  time  of  actual  service.  (Laws  1907,  ch.  177,  sec.  13.) 

SEC.  468.  Jurisdiction.  [5127.]  The  juvenile  court  shall 
have  jurisdiction  over  all  dependent  children  under  sixteen 
years  of  age.  All  applications  for  the  admission  of  children  to 
the  Soldiers'  Orphans'  Home  shall  be  made  to  the  juvenile 
court  of  the  county  of  which  any  child  is  a  resident.  (Laws 
1907,  ch.  177,  sec.  14.) 

SEC.  469.  Police  and  Sheriff  Entitled  to  Witness  Fees. 
[5128.]  When  the  police  of  any  city  or  the  sheriff  of  any 
county  in  the  state  of  Kansas  shall  appear  before  the  judge  of 
the  juvenile  court  to  make  complaint  of,  to  report  on  or  to 
testify  on  account  of  dependent,  defective  or  delinquent  chil- 
dren, they  shall  receive  ordinary  witness  fees  for  such  serv- 
ices. (Laws  1907,  ch.  177,  sec.  15.) 

SEC.  470.  Blanks.  [5129.]  Blanks  shall  be  used  by  the  ju- 
venile court  in  the  several  counties  in  Kansas  which  shall  be 
furnished  by  the  State  Board  of  Control.  (Laws  1907,  ch.  177, 
sec.  16.) 

SEC.  471.  Procedure  in  Juvenile  Court.  [Laws  1911,  ch. 
236,  sec.  1.]  The  procedure  in  the  juvenile  court  for  the  trial 
of  any  person  charged  with  causing,  encouraging  or  contribut- 
ing to  the  delinquency,  dependency  or  neglect  of  any  child 
shall  be  substantially  the  same  as  the  procedure  provided  for 
the  trial  of  misdemeanors  before  justices  of  the  peace. 

SEC.  472.  Appeal.  [Laws  1911,  ch.  236,  sec.  2.]  Any  per- 
son convicted  in  the  juvenile  court  of  causing,  encouraging  or 
contributing  to  the  delinquency,  dependency  or  neglect  of  any 
child  may  appeal  from  such  judgment  in  substantially  the 
same  manner  as  is  now  provided  for  appeals  from  the  judg- 
ment of  justices  of  the  peace  in  misdemeanor  cases. 


CH.  17]  KINDERGARTENS.  157 


CHAPTER  XVIL— KINDERGARTENS. 

§473.    Free  kindergartens. 

SECTION  473.  Free  Kindergartens.  [7442.]  That  the  school 
[board]  of  any  school  district154  in  the  state  shall  have  power 
to  establish  and  maintain  free  kindergartens  in  connection 
with  the  public  schools  of  said  district,  for  the  instruction  of 
children  between  four  and  six  years  of  age  residing  in  said 
district,  and  shall  establish  such  courses  of  training,  study 
and  discipline  and  such  rules  and  regulations  governing  such 
preparatory  or  kindergarten  schools  as  said  board  may  deem 
best;  provided,  that  nothing  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census  of  the 
school  population  or  the  apportionment  of  state  and  .county 
school  funds  among  the  several  counties  and  districts  in  this 
state ;  provided  further,  that  the  cost  of  establishing  and  main- 
taining such  kindergartens  shall  be  paid  from  the  school  fund 
of  said  districts,  and  the  said  kindergartens  shall  be  a  part 
of  the  public-school  system,  and  governed,  as  far  as  practicable, 
in  the  same  manner  and  by  the  same  officers  as  provided  by 
law  for  the  government  of  the  other  public  school  [s]  of  the 
state;  provided  further,  that  no  person  shall  be  employed  as 
a  teacher  in  such  kindergarten  schools  who  has  not  passed  a 
satisfactory  examination  in  such  subjects  as  the  State  Board 
of  Education  shall  require.  The  State  Board  of  Education 
shall  adopt  rules  governing  the  examination  of  kindergarten 
teachers  and  shall  furnish  county  superintendents  with  ex- 
amination questions,  and  the  examination  shall  be  held  in 
the  manner  provided  by  law  for  the  examination  of  teachers 
in  the  public  schools ;  provided  further,  that  any  person  who 
shall  complete  the  course  of  training  for  kindergarten  teachers 
at  the  State  Normal  School  or  its  auxiliaries  shall  be  entitled 
to  teach  in  the  kindergarten  schools  of  this  state  without  ex- 
amination. (Laws  1907,  ch.  325,  sec.  1.) 

154.  Kindergartens  may  also  be  established  in  cities  of  the  first  and 
second  class. 


158 


LEVIES. 


[CH.  18 


CHAPTER  XVIII.— LEVIES. 


§474.    Levies,  general  limitation. 

475.  Levies,  exceptions  to  limitations. 

476.  Increasing  the  levy. 


§477.    County  clerk,  excessive  levies. 
478.    Penalty,  officers. 


SECTION  474.  Levies^  General  Limitation.  [9418.]  All  levies 
authorized  in  any  taxing  district  by  statute,  and  which  are 
not  expressly  limited  herein,  are  hereby  limited  so  that  no 
such  levy  shall  be  made  in  excess  of  twenty-five  per  cent  of 
the  rates  so  authorized.  (Laws  1909,  ch.  245,  sec.  25.) 

SEC.  475.  Levies,  Exceptions  to  Limitations.  [9419.]  No 
limitation  imposed  by  this  act  shall  in  any  wise  apply  to  or  in 
any  way  limit  any  levy  which  is  authorized  by  statute  for  the 
purpose  of  creating  sinking-  and  interest-funds  necessary  to 
liquidate  at  maturity  the  principal  and  interest  of  any  in- 
debtedness authorized  by  law ;  nor  shall  any  provision  of  this 
act  .apply  to  or  in  any  way  limit  special  taxes  levied  by  ordi- 
nance in  any  city.  And  nothing  in  this  act  shall  be  construed 
to  limit  the  levy  provided  by  any  special  act  heretofore  passed 
for  the  construction  of  roads,  and  under  which  any  county  is 
now  operating.  (Laws  1909,  ch.  245,  sec.  26.) 

SEC.  476.  Increasing  the  Levy.  [9420.]  If  any  board  of 
levy,  or  any  officer  that  is  charged  with  the  duty  of  levying 
tax  in  any  taxing .  district,  shall  be  of  the  opinion  that  the 
amount  of  tax  limited  by  this  act  will  be  insufficient  for  the 
needs  of  such  taxing  district  for  the  current  year,  the  question 
of  an  increased  levy  may  be  submitted  to  the  voters  of  such 
taxing  district  at  a  general  election  or  at  a  special  election 
called  for  the  purpose  in  the  manner  provided  by  law  for  call- 
ing special  elections  in  such  taxing  district;  provided,  that 
under  the  provisions  of  this  section  a  vote  may  be  had  upon 
the  question  of  an  increased  levy  at  the  annual  meeting  of  any 
school  district.  If  any  such  question  of  increasing  the  levy 
shall  be  submitted  at  any  election  or  meeting  as  above  set 
forth,  due  notice  thereof  shall  be  given  for  at  least  thirty  days 
in  advance  of  such  election  or  meeting  by  publication  in  the 
official  county  paper  for  all  taxing  districts,  except  school  dis- 
tricts; but  in  school  districts  by  posting  a  notice  in  the  man- 
ner provided  by  law  for  other  elections  or  meetings;  said 
notice  shall  also  give  the  proposed  increase  in  the  levy.  If 
three-fourths  of  the  votes  cast  at  any  such  election  shall  be  in 
favor  of  the  increased  levy,  as  named  in  said  election  notice, 
then  the  officers  charged  with  levying  taxes  may  make  such 
increased  levy  for  the  year  voted  upon,  and  thereafter  the 
limitation  of  this  act  shall  apply,  unless  an  increased  levy  for 
a  particular  year  shall  be  voted  at  another  election  in  like  man- 
ner. (Laws  1909,  ch.  245,  sec.  27.) 


CH.  18]  LEVIES.  159 

SEC.  477.  County  Clerk;  Excessive  Levies.  [9421.]  Any 
levy  which  may  be  certified  to  the  county  clerk  in  excess  of  the 
limitations  placed  by  this  act  shall  be  unlawful,  and  in  any 
such  case  it  shall  be  unlawful  for  the  county  clerk  of  any 
•county  within  the  state  to  enter  upon  the  tax-roll  of  the  county 
any  such  excessive  levy ;  and  in  case  of  any  such  excess  in  any 
levy  it  is  hereby  made  the  duty  of  the  county  clerk  and  he  is 
hereby  required  to  reduce  such  levy  and  to  extend  upon  the 
tax-roll  only  such  a  part  thereof  as  will  comply  with  the  pro- 
visions of  this  act.  (Laws  1909,  ch.  245,  sec.  27.) 

SEC.  478.  Penalty;  Officers.  [9422.]  Any  officer  of  any  tax- 
ing district  or  any  county  clerk  who  shall  violate  any  provision 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars  and  shall  also  be 
subject  to  removal  from  office  by  a  civil  action.  (Laws  1909, 
ch.  249,  sec.  29.) 


160 


LIBRARIES — SCHOOL  DISTRICT. 


[CH.  19 


CHAPTER  XIX.— LIBRARIES. 
ARTICLE  I. — SCHOOL  DISTRICT  LIBRARIES. 


Librarian  to  be  appointed  by  district 
board. 


§479.     School  districts  may  vote  a  tax  not        §481. 
to    exceed    two    mills    for    district 
library. 

480.    The  money  so  collected  shall  be  used 
for  no  other  purpose. 

SECTION  479.  Library  Fund.  [7546.]  That  the  several 
school  districts  of  the  state  may,  at  the  annual  meeting  in  each 
year,  vote  a  tax155  upon  all  the  taxable  property  of  the  district, 
not  to  exceed  two  mills156  on  the  dollar,  which  tax  shall  be  certi- 
fied by  the  district  clerk  to  the  county  clerk,  at  the  same  time 
and  manner  as  other  school-district  taxes  are  certified;  and 
the  county  clerk  shall  place  the  same  on  the  tax-roll  of  the 
county  in  a  separate  column,  designating  the  purpose  for  which 
such  tax  was  levied;  and  said  tax  shall  be  collected  and  paid 
over  to  the  treasurer  of  said  district  in  all  respects  as  other 
school-district  taxes  are  collected  and  paid ;  provided,  however, 
that  in  the  districts  where  the  taxable  property  of  the  district 
is  more  than  $20,000  and  not  more  than  $30,000,  there  shall 
not  be  levied  more  than  one  and  one-half  mills156  on  the  dollar ; 
and  where  the  taxable  property  is  more  than  $30,000  and  not 
more  than  $50,000,  there  shall  not  be  levied  more  than  one 
mill156  on  the  dollar ;  and  in  all  cases  where  the  taxable  property 
of  the  district  shall  exceed  $50,000,  there  shall  not  be  levied 
more  than  one-half  mill156  on  the  dollar.  (Laws  1876,  ch.  122, 
art.  8,  sec.  1.) 

SEC.  480.  How  Used.  [7547.]  The  money  so  collected  shall 
be"  used  under  the  direction  of  the  board  of  directors  for  the 
purchasing  of  a  school-district  library,  and  for  no  other  pur- 
pose ;  and  the  district  board,  in  the  purchase  of  books,  shall  be 
confined  to  works  of  history,  biography,  science,  and  travels. 
(Laws  1876,  ch.  122,  art.  8,  sec.  2.) 

SEC.  481.  Librarian;  Rules.  [7548.]  The  district  clerk 
shall  be  the  librarian,  unless  the  board  of  directors  shall  ap- 
point some  other  competent  and  suitable  person,  who  shall 
reside  in  the  district,  to  perform  the  duties  of  that  office ;  and 
the  board  shall  have  power  to  make  such  rules  and  regulations 
in  regard  to  the  management  of  said  library  as  they  shall 
deem  best,  and  they  shall  revise  and  change  said  rules  from 
time  to  time  as  the  necessities  of  the  case  may  require.  (Laws 
1876,  ch.  122,  art.  8,  sec.  3.) 

155.  The  library  tax  is  an  additional  levy. 

156.  Limited  to  twenty-five  per  cent  of  the  above  amounts  by  Laws 
1909,  ch.  245,  sec.  25  (section  474  of  this  book). 


CH.  19]  LIBRARIES — STATE  TRAVELING.  161 


ARTICLE  II.— KANSAS  STATE  TRAVELING  LIBRARIES  AND  ARLINGTON 

ART  GALLERY. 

§482.    Management  of  library.  §484.    Management  of  gallery. 

483.    Aplington  art  gallery. 

SECTION  482.  Management  of  Library.  [8252.]  That  the 
Kansas  Traveling  Libraries  Commission  shall  have  the  man- 
agement of  the  traveling  library  department  of  the  state  li- 
brary, shall  make  such  rules  for  the  government  of  such  de- 
partment and  the  use  of  the  books  and  other  property  thereof 
as  they  may  deem  necessary,  and,  under  such  regulations  as 
they  may  prescribe,  they  may  send  out  temporarily  from  the 
miscellaneous  department  of  the  state  library  such  books  (not 
including  reference  books  or  other  books  inappropriate  for 
such  purposes)  as  may  be  designated  for  that  purpose  by  the 
directors  of  the  state  library  and  any  books  specially  given  to 
or  bought  for  such  traveling  libraries  to  any  library  in  the 
state,  or  to  any  community  or  organization  not  yet  having  an 
established  library  but  which  has  conformed  to  the  conditions 
of  said  regulations  of  said  commission,  and  such  books,  when 
so  sent  out  to  such  library,  community,  or  organization,  shall 
be  there  kept  for  the  use  of  the  public,  subject  to  such  reason- 
able regulations  with  reference  thereto  as  may  be  adopted  by 
said  commission.  And  said  commission  shall  from  time  to 
time  so  send  out  and  distribute  such  books  throughout  the 
state,  and  at  suitable  intervals  change  such  distribution,  in 
such  manner  as  to  secure  to  the  greatest  practicable  degree  the 
use  and  enjoyment  of  such  books  to  the  people  of  the  entire 
state.  Said  commission  shall  be  entitled  to  receive  the  assist- 
ance of  the  assistant  librarian  of  the  state  library  who  is  in 
charge  of  the  miscellaneous  department  of  the  state  library. 
(Laws  1899,  ch.  163,  sees.  3  and  4.) 

SEC.  483.  Aplington  Art  Gallery.  [8254.]  That  the  state  of 
Kansas  accepts  the  proffer  made  by  the  Kansas  Federation  of 
Women's  Clubs,  and  takes  the  collection  of  carbon  photo- 
graphic reproductions  of  the  world's  famous  paintings  for  cir- 
culation amongst  and  for  the  use  of  the  people  of  the  state; 
provided,  that  the  collection  shall  be  marked  and  known  as 
"The  Aplington  art  gallery."  (Laws  1907,  ch.  385,  sec.  1.) 

SEC.  484.  Management  of  Gallery.  [8255.]  That  the  Ap- 
lington art  gallery  is  hereby  constituted  a  part  of  the  Kansas 
traveling  libraries,  and  is  placed  under  the  direction  and  con- 
trol of  the  Kansas  Traveling  Libraries  Commission,  with  the 
same  powers,  duties  and  restrictions  as  are  provided  for  the 
care,  circulation  and  distribution  of  books  belonging  to  the 
Kansas  traveling  libraries  by  chapter  163,  Laws  of  1899. 
(Laws  1907,  ch.  385,  sec.  2.) 
-6 


162 


NIGHT   SCHOOLS. 


[CH.  20 


CHAPTER  XX.— NIGHT  SCHOOLS. 


§485.     School   boards    shall    have   power    to 

establish  night  schools. 
486.     Cost  paid  from  public  school  fund. 


?487.     Sessions;   term. 

488.  Equipment;  rules  and  regulations. 

489.  Teachers;   qualifications;   certificates. 


SECTION  485.  School  Boards  Shall  Have  Power  to  Establish 
Night  Schools.  [Laws  1913,  ch.  267,  sec.  1.]  The  school  board 
of  any  district  or  the  board  of  education  of  any  city  in  this 
state  shall  have  the  power  to  establish  and  maintain  free  public 
night  schools  in  connection  with  the  public  school  of  such 
district  or  city,  for  the  instruction  of  persons  of  the  age  of 
fourteen  years  and  over  residing  in  said  district  or  city,  not 
required  by  law  to  attend  the  public  day  school  therein ;  pro- 
vided, that  it  shall  be  the  duty  of  such  board  to  establish  and 
maintain  such  public  night  school  whenever  petitioned  in  writ- 
ing therefor  by  the  parents  or  guardians  of  ten  persons  eligible 
to  attend  said  night  school;  provided  further,  that  said  board 
may  discontinue  such  night  school  whenever  the  average 
nightly  attendance  thereof  shall  be  not  more  than  seven. 

SEC.  486.  Cost  Paid  from  Public  School  Fund.  [Laws  1913, 
ch.  267,  sec.  2.]  The  cost  of  establishing  and  maintaining  said 
public  night  school  shall  be  paid  from  the  public  school  fund  of 
said  district  or  city  and  the  said  night  school  shall  be  a  part 
of  the  public  school  system,  and  governed,  as  far  as  practicable, 
in  the  same  manner  and  by  the  same  officers  as  provided  by 
law  for  the  government  of  the  other  public  schools  of  this 
state ;  provided,  that  nothing  in  this  act  shall  be  construed  to 
change  the  law,  not  in  conflict  herewith,  relating  to  the  public 
day  schools  of  this  state;  and  provided  further,  that  nothing 
in  this  act  shall  be  held  to  compel  attendance  upon  such  public 
night  school. 

SEC.  487.  Sessions;  Term.  [Laws  1913,  ch.  267,  sec.  3.] 
The  sessions  of  said  public  night  school  shall  be  held  at  night 
on  not  less  than  three  nights  each  week  during  the  continu- 
ance of  such  school  in  one  or  more  of  the  regular  class  rooms 
in  one  or  more  of  the  public  school  buildings  of  said  district  or 
city,  and  the  term  or  terms  of  said  public  night  school  shall 
continue  only  during  the  term  or  terms  of  the  regular  public 
school  in  such  district  or  city;  provided,  that  said  night  school 
term  shall  begin  not  later  than  the  fifteenth  day  of  October  of 
any  year  and  shall  continue  for  not  less  than  five  months  there- 
after, except  as  provided  in  section  1  of  this  act. 

SEC.  488.  Equipment;  Rules  and  Regulations.  [Laws  1913, 
ch.  267,  sec.  4.]  The  board,  as  far  as  practicable,  shall  furnish 
the  same  equipment  used  in  the  public  day  school  of  said  dis- 
trict or  city,  and  shall  provide  for  the  courses  of  study,  rules 


CH.  20]  NIGHT   SCHOOLS.  163 

and  regulations,  not  in  conflict  herewith,  that  it  may  deem 
best  for  such  night  school. 

SEC.  489.  Teachers;  Qualifications;  Certificates.  [Laws 
1913,  ch.  267,  sec.  5.]  The  board  shall  hire  one  or  more  teach- 
ers, who  may  or  may  not  be  employed  as  a  public  school  teacher, 
having  the  like  qualifications,  evidenced  by  the  proper  teacher's 
certificate,  required  by  law  for  teachers  in  the  public  day 
school  of  such  district  or  city,  and  shall  pay  said  night  school 
teacher  a  monthly  salary,  calculated  upon  the  number  of  hours 
actually  spent  in  teaching  in  said  night  school,  and  in  the  man- 
ner provided  by  law  for  the  paying  of  teachers  in  the  public 
schools  of  said  district  or  city. 


§493.    County  treasurer  custodian  of  funds. 

494.  County    superintendent    shall    trana- 

mit  funds. 

495.  Normal   institute  fund;    state  appro- 

priation. 

496.  Disbursements. 

497.  Union  institutes. 


164  NORMAL  INSTITUTES.  [CH.  21 


CHAPTER  XXI.— NORMAL  INSTITUTES. 

§490.    Normal    institutes    to    be    held    an- 
nually. 

491.  Conductors   and   instructors;    certifi- 

cate of  special  qualifications  re- 
quired. 

492.  Normal-institute    fund,    how    raised; 

each  candidate  for  a  teacher's  cer- 
tificate shall  pay  a  fee  of  one 
dollar. 

SECTION  490.  Normal  Institutes.  [7509.]  The  county  su 
perintendents  of  public  instruction  shall  hold  annually,  in 
their  respective  counties,  for  a  term  of  not  less  than  four 
weeks,  a  normal  institute  for  the  instruction  of  teachers  and 
those  desiring  to  teach ;  provided,  that  in  the  sparsely  settled 
portions  of  the  state,  two  or  more  counties  may  be  united  in 
holding1  one  normal  institute,  as  hereinafter  provided.  (Lawg 
1877,  ch.  136,  sec.  1.) 

SEC.  491.  Conductor  and  Instructors.  [7510.]  The  county 
superintendent  of  public  instruction,  with  the  advice  and  con- 
sent of  the  state  superintendent  of  public  instruction,  shall 
determine  the  time  and  place  of  holding  such  normal  insti- 
tutes, and  shall  select  a  conductor  and  instructors  for  the 
same;  provided,  that  no  person  shall  be  paid  from  the  insti- 
tute funds157  for  services  as  conductor  or  instructor  of  said 
institutes  who  has  not  received  a  certificate158  from  the  state 
board  of  examiners  as  to  his  special  qualifications159  for  that 
work.160  (Laws  1877,  ch.  136,  sec.  2.) 

SEC.  492.  Normal-institute  Fund;  Fees;  County  Appro- 
priation. [7511.]  To  defray  the  expenses  of  said  institute, 
the  county  superintendent  shall  require  the  payment  of  a  fee 
of  one  dollar  from  each  candidate  for  a  teacher's  certificate,161 

157.  The  law  does  not  forbid  the  county  superintendent  to  permit  a 
person  who  has  not  been  authorized  by  the  State  Board  of  Education  to 
instruct  in  his  institute,  but  he  can  not  pay  for  said  services  from  the 
public  funds. 

158.  Holders  of  special  institute  certificates  must  confine  their  in- 
struction to  the  branches  named  in  said  special  certificates. 

159.  It  is  contrary  to  public  policy  for  an  uncertificated  person  to  in- 
struct in  a  normal  institute. 

160.  The  county  superintendent  can  conduct  or  instruct  in  his  own  in- 
stitute without  a  certificate,  but  he  can  not  legally  draw  pay  for  such 
service. 

161.  The  county  superintendent  must  require  the  payment  of  a  fee  of 
one  dollar  from  each  candidate  for  a  teacher's  certificate.    This  fee  should 
also  be  charged  for  temporary  certificates  and  for  the  renewal  of  profes- 
sional certificates.    This  fee  should  be  collected  in  advance,  and  it  can  not 
be  returned  to  the  unsuccessful  applicant. 


CH.  21]  NORMAL   INSTITUTES.  165 

and  the  payment  of  one  dollar  registration  fee  for  each  person 
attending  the  normal  institute ;  and  the  board  of  county  com- 
missioners shall  appropriate  such  sum  as  the  county  superin- 
tendent may  deem  necessary,  for  the  further  support  of  such 
institutes;162  provided,  such  appropriation  does  not  in  any 
one  year  exceed  the  sum  of  $100.  (Laws  1901,  ch.  267,  sec.  1.) 
SEC.  493.  Custodian.  [7512.]  The  fund  thus  created  shall 
be  designated  the  "normal-institute  fund,"  and  the  county 
treasurer  shall  be  the  custodian  of  said  fund.  (Laws  1877, 
ch.  136,  sec.  4.) 

SEC.  494.  County  Superintendent  Shall  Transmit  Funds. 
[7513.]  The  county  superintendent  shall,  monthly,  and  at  the 
close  of  each  institute,  transmit  to  the  county  treasurer  all 
moneys  received  by  him,  as  provided  in  section  3,163  together 
with  the  name  of  each  person  so  contributing,  and  the  amount ; 
and  the  county  treasurer  shall  place  all  such  moneys  to  the 
credit  of  the  "normal-institute  fund."  (Laws  1877,  ch.  136, 
sec.  5.) 

SEC.  495.  Normal  Institute  Fund;  State  Appropriation. 
[Laws  1911,  ch.  270,  sec.  1.]  That  section  7514  of  the  General 
Statutes  of  Kansas  of  1909  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows :  Sec.  7514.  It  shall  be  the  duty  of  the 
state  superintendent  of  public  instruction,  annually,  when 
twenty-five  persons  have  registered  as  members  of  any  normal 
institute  organized  under  the  provisions  of  this  act  and  have 
paid  the  required  registration  fee,  to  certify  the  same  to  the 
auditor  of  state,  who  shall  forward  to  the  county  treasurer  of 
said  county  an  order  on  the  treasurer  of  the  state  for  the  sum 
of  fifty  dollars,  to  be  paid  out  of  any  money  appropriated  for 
that  purpose ;  which  amount  the  county  treasurer  shall  place  to 
the  credit  of  the  "normal-institute  fund" ;  provided,  that  when 
two  or  more  counties  shall  unite  in  holding  a  normal  institute  in 
accordance  with  the  provisions  of  the  next  succeeding  section, 
and  there  shall  be  registered  as  members  of  such  institute  a 
number  of  persons  which  equals  or  exceeds  the  average  of 
twenty-five  for  each  county  thus  uniting,  that  said  institute 
shall  be  entitled  to  receive  the  sum  of  fifty  dollars  for  each 
county  so  united. 

SEC.  496.  Disbursements.  [7515.]  All  disbursements  of 
the  "normal-institute  fund"  shall  be  upon  the  order  of  the 
county  superintendent,  and  no  orders  shall  be  drawn  on  said 
fund  except  for  claims  approved  by  the  county  superintendent, 

162.  The  board  of  county  commissioners  are  required  by  law  to  make 
this  appropriation. 

163.  Section  492  of  this  book. 


166  NORMAL   INSTITUTES.  [CH.  21 

for  services  rendered  or  expenses  incurred  in  connection  with 
the  normal  institutes.164     (Laws  1877,  ch.  136,  sec.  7.) 

SEC.  497.  Union  Institutes.  [Laws  1911,  ch.  270,  sec.  2.] 
That  section  7516  of  the  General  Statutes  of  Kansas  of  1909 
be  and  is  hereby  amended  to  read  as  follows :  Sec.  7516.  Two 
or  more  counties,  each  having  less  than  12,000  inhabitants, 
may  unite  in  holding  one  normal  institute,  with  the  consent 
and  by  the  direction  of  the  state  superintendent  of  public  in- 
struction; provided,  that  aside  from  determining  the  time 
and  place  of  holding  the  normal  institute  and  contracting  with 
a  conductor  and  instructors  for  the  same,  the  superintendent 
of  the  county  in  which  the  institute  shall  be  located  shall  be, 
in  charge  of  the  same  and  direct  and  determine  all  matters 
of  details ;  and  such  superintendent  shall  draw  all  orders  upon 
the  normal-institute  fund  as  provided  in  the  original  act ;  and 
provided,  that  the  treasurer  of  the  county  in  which  such  normal 
institute  is  held  shall  be  the  custodian  of  the  ''normal-institute 
fund"  to  whom  the  state  and  county  appropriations  for  the 
benefit  of  the  normal  institute  shall  be  transmitted,  and  to 
whom  the  several  county  superintendents  of  the  counties  thus 
uniting  shall  transmit  the  fees  collected,  as  provided  in  the 
original  act;  and  providing  further,  that  if  a  surplus  should 
exist  after  payment  of  all  the  expenses  of  the  normal  institute 
the  same  shall  be  distributed  equally  among  the  normal-in- 
stitute funds  of  the  counties  thus  uniting. 

164.  It  is  unlawful  for  the  county  treasurer  to  pay  an  order  on  the 
"normal-institute  fund"  drawn  "for  services  rendered,"  in  favor  of  any 
person  not  holding  the  certificate  of  the  State  Board  of  Education  for 
institute  work. 


CH.  22]  NORMAL   TRAINING.  167 


CHAPTER  XXII.— NORMAL  TRAINING. 

§502.    Academies  eligible. 

503.  Appropriation    for    normal    training. 

504.  Appropriation    for    agriculture    and 

domestic  science. 


§498.    Normal  courses  in  high  schools. 

499.  State  aid. 

500.  Rules     and     regulations     by     State 

Board  of  Education. 

501.  Examination;    certificates. 

SECTION  498.  Normal  Courses  in  High  Schools.  [7845.] 
That  for  the  purpose  of  affording  increased  facilities  for  the 
professional  training  of  those  preparing  to  teach,  and  par- 
ticularly those  who  are  to  have  charge  of  our  rural  schools, 
the  State  Board  of  Education  shall  make  provisions  for  normal 
courses  of  study  and  for  normal  training  in  such  high  schools 
as  said  Board  of  Education  shall  designate ;  provided,  that  said 
high  schools  shall  be  selected  and  distributed  with  regard  to 
their  usefulness  in  supplying  trained  teachers  for  schools  in 
all  portions  of  the  state  and  with  regard  to  the  number  of 
teachers  required  for  the  schools  in  each  portion  of  the  state. 
(Laws  1909,  ch.  212,  sec.  1.) 

SEC.  499.  State  Aid.  [7846.]  Each  high  school  designated 
for  normal  training  and  meeting  the  requirements  of  the  State 
Board  of  Education  shall  receive  state  aid  to  the  amount  of 
five  hundred  dollars  per  school  year,  to  be  paid  in  two  equal 
installments,  on  the  first  day  of  March  and  the  first  day  of 
June  each  year,  from  the  state  treasury,  on  a  voucher  certified 
to  by  its  superintendent  or  principal  and  approved  by  the  state 
superintendent  of  public  instruction ;  provided,  that  no  part  of 
such  money  received  from  the  state  shall  be  used  for  any  other 
purpose  than  to  pay  teachers'  wages;  and  provided  further, 
that  in  case  more  than  one  high  school  in  any  one  county  shall 
establish  a  normal  course  in  accordance  with  the  provisions  of 
this  act  and  shall  be  accredited  by  the  State  Board  of  Educa- 
tion the  total  state  aid  distributed  in  such  counties  shall  not 
exceed  one  thousand  dollars,  and  in  case  there  are  more  than 
two  high  schools  in  any  one  county  designated  and  accredited 
by  the  said  State  Board  of  Education  state  aid  to  an  amount 
not  exceeding  one  thousand  dollars  shall  be  equally  divided 
among  said  schools.  (Laws  1909,  ch.  212,  sec.  2.) 

SEC.  500.  Rules  and  Regulations  by  State  Board  o/  Educa- 
tion. [7847.]  In  order  that  a  high  school  shall  be  eligible  to 
receive  state  aid  under  this  act  it  shall  have  in  regular  attend- 
ance in  its  normal-training  courses  at  least  ten  students  during 
each  semester,  and  such  normal-training  work  shall  be  given 
under  such  rules  and  regulations  as  the  State  Board  of  Educa- 
tion may  prescribe;  subject  to  the  provisions  of  this  act.  (Laws 
1909,  ch.  212,  sec.  3.) 

SEC.  501.  Examination;  Certificates.  [7848.]  On  the  third 
Friday  and  Saturday  of  May  each  year,  in  each  high  school 


168  NORMAL  TRAINING.  [CH.  22 

accredited  under  the  provisions  of  this  act,  an  examination  of 
applicants  for  normal-training  certificates  shall  be  conducted, 
under  such  rules  as  the  State  Board  of  Education  may  pre- 
scribe. This  examination  shall  be  in  charge  of  two  competent 
persons  appointed  by  said  board.  The  said  State  Board  of 
Education  shall  prepare  the  questions  and  fix  the  standard  for 
the  issuing  of  said  certificates ;  provided,  that  said  certificates 
shall  be  issued  only  to  graduates  of  said  normal  courses  of 
study,  and  shall  be  issued  for  a  period  of  two  years,  and  shall 
be  renewable  on  conditions  established  by  the  State  Board  of 
Education.  A  fee  of  one  dollar  shall  be  charged  each  appli- 
cant, and  the  money  so  collected  shall  be  turned  over  to  the 
treasurer  of  the  school  where  such  examination  is  held,  and 
the  treasurer  of  such  school  shall  pay  the  persons  conducting 
said  examination  for  their  services  in  a  sum  not  to  exceed 
three  dollars  per  day  each.  The  manuscripts  shall  be  properly 
wrapped  and  sealed  and  sent  to  the  state  superintendent  of 
public  instruction,  accompanied  by  a  fee  of  ten  dollars  from 
the  funds  of  the  schools.  All  moneys  received  by  the  state 
superintendent  of  public  instruction  from  such  source  shall 
be  turned  into  the  state  treasury,  and  shall  become  available  to 
pay  the  expenses  incurred  by  the  State  Board  of  Education  in 
securing  and  paying  for  a  competent  examination  and  grading 
of  said  manuscripts.  Said  certificate  shall  be  issued  by  the 
State  Board  of  Education  and  shall  be  valid  in  any  county  of 
the  state.  All  moneys  received  from  such  source  during  the 
fiscal  years  ending  June  30,  1910  and  1911,  are  hereby  appro- 
priated to  pay  for  said  expenses  of  said  State  Board  of  Educa- 
tion. Said  expenses  shall  be  paid  on  the  warrants  of  the  state 
auditor  upon  the  filing  of  proper  vouchers  approved  by  the 
state  superintendent  of  public  instruction.  (Laws  1909,  ch. 
212,  sec.  4.) 

SEC.  502.  Academies  Eligible.  [7849.]  Accredited  acad- 
emies are  eligible  to  the  operation  of  this  act,  except  as  to 
receiving  state  aid.  (Laws  1909,  ch.  212,  sec.  5.) 

SEC.  503.  Appropriation  for  Normal  Training.  [Laws  1913, 
ch.  48,  sec.  1.]  There  is  hereby  appropriated  for  normal- 
training  courses  in  high  schools  seventy-five  thousand  dollars 
($75,000)  for  the  year  1914,  and  seventy-five  thousand  dollars 
($75,000)  for  the  year  1915,  or  so  much  thereof  as  may  be 
necessary  to  carry  out  the  provisions  of  the  normal-training 
act  of  1909,  being  chapter  212  thereof,  also  provisions  of  the 
normal-training  act  of  1911,  being  chapter  24  thereof,  and  the 
rules  and  regulations  of  the  State  Board  of  Education  made  in 
accordance  therewith;  provided,  that  no  high  school  situated 
in  the  cities  having  state  normal  schools  shall  receive  said  aid. 

SEC.  504.  Appropriation  for  Agriculture  and  Domestic 
Science.  [Laws  1913,  ch.  48,  sec.  2.]  There  is  hereby  appro- 
priated for  the  year  1914  fifty  thousand  ($50,000)  dollars  and 


CH.  22]  NORMAL  TRAINING.  169 

for  the  year  1915  fifty  thousand  ($50,000)  dollars  to  be  ex- 
pended as  follows,  and  to  be  distributed  in  the  same  manner  as 
is  provided  for  the  distribution  of  the  state  aid  for  normal- 
training  courses.  Any  high  schools  that  now  maintain  a  normal- 
training  course  under  the  provisions  of  chapter  212  of  the  Ses- 
sion Laws  of  1909  and  the  24th  chapter  of  the  Session  Laws  of 
1911,  or  that  shall  put  into  operation  such  normal-training 
course,  shall  be  entitled  to  the  sum  of  five  hundred  ($500)  dol- 
lars per  annum ;  provided,  that  such  schools  shall  also  maintain 
courses  in  the  elements  of  agriculture  and  domestic  science  un- 
der such  provisions  and  regulations  as  may  be  established  by 
the  State  Board  of  Education;  and  provided  further,  that  no 
such  school  shall  be  eligible  to  the  five  hundred  ($500)  dollars 
annual  state  aid,  or  any  part  thereof,  .that  shall  not  have  at 
least  ten  pupils  enrolled  in  such  industrial  courses  each  semes- 
ter. Provided,  that  the  money  appropriated  for  the  purposes 
of  this  act  shall  not  be  used  to  pay  the  salary  and  traveling  ex- 
penses of  high-school  inspection. 


170  PATRIOTIC   INSTRUCTION.  [CH.  23 


CHAPTER  XXIIL— PATRIOTIC  INSTRUCTION. 

§505.     Display  of  flag.  §507.     Duty  of  state  superintendent. 


Rules  and  regulations. 


508.     Patriotic  exercises. 


SECTION  505.  Display  of  Flag.  [7748.]  It  shall  be  the  duty 
of  the  school  authorities  of  every  public  school  in  the  several 
cities,  towns,  villages  and  school  districts  of  this  state  to  pur- 
chase a  suitable  United  States  flag,  flagstaff,  and  the  necessary 
appliances  therefor,  and  to  display  such  flag  upon,  near  or  in 
the  public-school  building  during  school  hours  and  at  such 
other  times  as  such  school  authorities  may  direct.  (Laws 
1907,  ch.  319,  sec.  1.) 

SEC.  506.  Rules  and  Regulations.  [7749.]  The  said  school 
authorities  shall  establish  rules  and  regulations  for  the  proper 
custody,  care  and  display  of  the  flag,  and,  when  the  weather 
will  not  permit  it  to  be  otherwise  displayed,  it  shall  be  placed 
conspicuously  in  the  principal  room  of  the  schoolhouse.  (Laws 
1907,  ch.  319,  sec.  2.) 

SEC.  507.  Duty  of  State  Superintendent.  [7750.]  It  shall 
be  the  duty  of  the  state  superintendent  of  public  instruction 
of  this  state  to  prepare  for  the  use  of  the  public  schools  of  the 
state  a  program  providing  for  a  salute  to  the  flag  at  the  open- 
ing of  each  day  ©f  school,  and  such  other  patriotic  exercises  as 
may  be  deemed  by  him  to  be  expedient,  under  such  regulations 
and  instructions  as  may  best  meet  the  varied  requirements  of 
the  different  grades  in  such  schools.  It  shall  also  be  his  duty  to 
make  special  provision  for  the  observance  of  [in]  such  public 
schools  of  Lincoln's  birthday,  Washington's  birthday,  Me- 
morial day  (May  30),  and  Flag  day  (June  14),  and  such  other 
legal  holidays  of  like  character  as  may  be  hereafter  designated 
by  law.  (Laws  1907,  ch.  319,  sec.  3.) 

SEC.  508.  Patriotic  Exercises.  [7751.]  The  state  superin- 
tendent of  public  instruction  is  hereby  authorized  and  di- 
rected to  procure  and  provide  the  necessary  and  appropriate 
instructions  for  developing  and  encouraging  such  patriotic  ex- 
ercises in  the  public  schools,  and  the  state  printer  is  hereby 
authorized  and  directed  to  do  such  printing  and  binding  as 
may  become  necessary  for  the  efficient  and  faithful  carrying 
out  of  the  purposes  of  this  act.  (Laws  1907,  ch.  319,  sec.  4.) 


CH.  24] 


RETIREMENT   FUND. 


171 


CHAPTER  XXIV.— RETIREMENT  FUND. 


§509.    Creation  and  maintenance. 

510.  Disbursement. 

511.  Retirement    with    thirty    years'     ex- 

perience. 

512.  Retirement   on   account  of  disability 

or  incapacity. 


§513.  Refund  or  transfer  of  funds 

514.  Term  "teacher"  defined. 

515.  Duty  of  treasurer. 

516.  Exemption. 

517.  Rules  and  regulations. 


SECTION  509.  Creation  and  Maintenance.  [Laws  1911,  ch. 
280,  sec.  1.]  In  any  city  of  the  first  class  in  the  state  of  Kan- 
sas there  may  be  created  by  the  board  of  education  of  such 
city  a  public-school  teachers'  retirement  fund,  which  fund, 
when  created,  and  the  management  and  disbursement  thereof, 
shall  be  under  the  control  of  the  board  of  education  of  such 
city.  Such  retirement  fund  shall  be  created  and  maintained 
in  the  following  manner :  First,  by  an  assessment  of  not  less 
than  one  per  cent  nor  more  than  one  and  one-half  per 
cent  of  every  installment  of  salary  paid  to  a  teacher  em- 
ployed in  such  city;  second,  by  the  setting  aside  from 
the  general  fund  for  the  support  of  the  schools  in  such 
city,  of  an  amount  which  shall  be  not  less  than  one  and  one- 
half  times  the  amount  of  salary  assessments,  and  not  less  than 
the  amount  necessary  to  meet  the  payments  herein  provided 
for;  third,  by  the  receipt  by  the  gift  or  otherwise  of  any  real, 
personal  or  mixed  property  or  any  interest  therein. 

SEC.  510.  Disbursement.  [Laws  1911,  ch.  280,  sec.  2.] 
Such  a  retirement  fund  when  thus  created  and  maintained, 
or  so  much  thereof  as  shall  be  necessary,  shall  be  disbursed  in 
the  manner  hereinafter  set  forth ;  and  any  surplus  of  fund  not 
needed  for  immediate  disbursement  may  be  invested  by  the 
board  of  education  of  such  city,  acting  as  trustees  of  such 
fund,  in  any  bonds  approved  by  the  State  School-fund  Com- 
mission. 

SEC.  511.  Retirement  with  Thirty  Years'  Experience.  [Laws 
1911,  ch.  280,  sec.  3.]  Any  teacher  who  has  been  credited  un- 
der the  rules  and  regulations  of  such  board  of  education  with 
an  aggregate  of  thirty  years  of  teaching  experience  may  be 
retired  by  such  board  of  education.  Any  teacher  so  retired 
under  the  foregoing  provision  of  this  section,  provided  that 
at  least  fifteen  years  of  such  accredited  teaching  experience 
shall  have  been  in  the  public  schools  of  such  cities  of  the  first 
class,  shall  be  entitled  to  receive  from  such  retirement  fund, 
so  long  as  such  teacher  may  live,  equal  monthly  payments, 
which  shall  aggregate  $500  per  annum;  provided,  however, 
that  no  one  shall  receive  such  pension  without  paying  into  the 
fund  therefor,  by  way  of  assessment  or  otherwise,  not  less 
than  one-half  of  the  amount  of  the  first  annual  pension  to 


172  RETIREMENT  FUND.  [CH.  24 

which  such  person  shall  be  entitled.  And  in  order  to  make 
up  such  one-half  the  board  of  education  may  provide  for  any 
deficiency  by  deducting  the  necessary  amount  from  the  first 
year's  pension  payments  in  equal  amounts  each  month. 

SEC.  512.  Retirement  on  Account  of  Disability  or  Inca- 
pacity. [Laws  1911,  ch.  280,  sec.  4.]  Any  teacher  who  has 
been  credited  under  the  rules  and  regulations  of  such  board 
of  education  with  an  aggregate  of  twenty-five  or  more  years 
of  teaching  experience  may  be  retired  by  such  board  of  edu- 
cation on  account  of  disability  or  incapacity,  physical  or  other- 
wise. Any  teacher  so  retired,  provided  that  at  least  fifteen 
years  of  such  accredited  teaching  experience  shall  have  been 
in  the  public  schools  of  cities  of  the  first  class,  shall  be  entitled 
to  receive  from  such  retirement  fund,  during  the  period  of 
retirement,  monthly  installments,  the  annual  aggregate  of 
which  shall  be  such  percentage  of  $500  as  the  number  of  years 
of  such  accredited  teaching  experience  of  the  beneficiary  shall 
bear  to  the  term  of  thirty  years.  Any  teacher  so  retired  may, 
at  the  discretion  of  the  board  of  education,  should  such  teach- 
er's incapacity  or  disability  be  removed,  be  reinstated  as  a 
teacher,  and  any  right  to  any  payments  from  this  fund  until 
such  teacher  again  be  retired  shall  cease  with  such  reinstate- 
ment. And  shall  any  teacher  be  so  reinstated  the  years  of 
such  retirement  shall  be  included  in  arriving  at  the  term  of 
service  when  such  teacher  may  again  be  retired,  but  no  credit 
for  such  years  of  retirement  shall  be  given  in  arriving  at  the 
amount  such  teacher  shall  be  entitled  to  receive  from  the  re- 
tirement fund. 

SEC.  513.  Refund  or  Transfer  of  Funds.  [Laws  1911,  ch. 
280,  sec.  5.]  If  at  any  time  a  teacher  who  is  willing  to  con- 
tinue is  not  reemployed  or  is  discharged  before  the  time  when 
he  or  she  would  under  the  provisions  of  this  act  be  entitled  to 
a  pension,  then  such  teacher  shall  be  paid  back  at  once  the 
money  he  or  she  may  have  contributed  under  this  act.  Should 
a  teacher  duly  accredited  in  a  city  of  the  first  class  accept 
service  in  the  public  schools  of  any  other  city  of  the  first  class, 
a  sum  equivalent  to  all  payments  made  by  such  teacher  into 
the  retirement  fund  shall  be  transferred  to  the  retirement 
fund  of  the  city  in  which  such  service  is  accepted.  Any 
teacher  who  shall  retire  voluntarily  from  the  service  shall 
receive  a  refund  of  one-half  of  the  money  he  or  she  shall  have 
contributed  under  this  act.  And  should  any  teacher  die  before 
receiving  any  of  the  benefits  or  pensions  by  this  act  provided 
the  board  of  education  shall  pay  to  such  teacher's  heirs  or 
estate  one-half  of  the  amount,  without  interest,  which  shall 
have  been  paid  into  such  pension  fund  by  said  teacher. 

SEC.  514.  Term  "Teacher"  Defined.  [Laws  1911,  ch.  280, 
sec.  6.]  In  construing  this  act,  the  word  "teacher"  shall  in- 


CH.  24]  RETIREMENT  FUND.  173 

elude  all  members  of  the  teaching  staff  employed  by  the  board 
of  education  of  such  city,  which  shall  include  superintendents, 
supervisors,  and  assistants  to  the  superintendent  of  instruc- 
tion, principals,  and  teachers. 

SEC.  515.  Duty  of  Treasurer.  [Laws  1911,  ch.  280,  sec.  7.] 
It  is  hereby  made  the  duty  of  the  treasurer  of  such  city  to 
keep  any  fund  arising  under  the  provisions  of  this  act  as  a 
separate  fund,  and  to  disburse  the  same  in  accordance  with 
the  instructions  and  orders  of  the  'board  of  education  of  such 
city. 

SEC.  516.  Exemption.  [Laws  1911,  ch.  280,  sec.  8.]  After 
said  retirement  fund  shall  be  created  by  said  board  of  ed- 
ucation of  such  city,  the  salary  of  any  teacher  regularly  em- 
ployed by  such  city  shall  be  exempt  from  the  provisions  of 
this  act,  provided  such  teacher  shall  make  a  request  in  writing 
for  such  exemption  and  file  the  same  with  the  board  of  edu- 
cation of  such  city  within  one  month  after  such  teacher  shall 
enter  upon  such  regular  employment  as  a  teacher,  and  such 
request,  when  filed  with  the  board  of  education  of  such  city, 
shall  constitute  a  waiver  and  a  bar  to  the  receipt  of  any  bene- 
fits from  the  retirement  fund  herein  provided  for. 

SEC.  517.  Rules  and  Regulations.  [Laws  1911,  ch.  280,  sec. 
9.]  The  board  of  education  shall  have  power  to  adopt  rules 
and  regulations  for  the  carrying  out  of  the  purposes  of  this 
act  not  in  conflict  therewith. 


174 


SCHOOL-FUND  COMMISSIONERS. 


[CH.  25 


CHAPTER  XXV. — SCHOOL-FUND  COMMISSIONERS. 


§537.     State  and   county  superintendent   to 
give    notice   of   unclaimed    estates. 

538.  Probate  judge  to  give  notice. 

539.  County  attorney  to  investigate. 

540.  Expense  of  inquiry. 

541.  Unlawful  to  act  as  private  attorney. 

542.  Duty  of  attorney-general. 

543.  All    bonds    belonging    to    state    per- 

manent school  fund  shall  be  con 
solidated,  how. 

544.  Consolidated    bonds    shall    be    regis- 

tered. 

545.  Registration   of   bonds   belonging   to 

school  fund. 

546.  Registration  of  bonds  purchased. 

547.  State   treasurer's  statement  to  state 

auditor. 

548.  Cancellation  of  bonds  paid. 

549.  Comparison     of     registers     kept     by 

auditor  and  treasurer. 

550.  Penalty     for     delinquency     of     statt 

treasurer. 

551.  Exchange  of  bonds. 

552.  How     funding     bonds     are     to     b« 

stamped. 

553.  Record  of  proceedings. 


§518.    Board  of  school-fund  commissioners, 
how  composed  and  organized. 

519.  Meetings. 

520.  Record  of  school-fund  commissioners. 

521.  Register  of  bonds  offered  and  bought. 

522.  Investment   of  funds. 

523.  Quorum. 

524.  Record  of  the  condition  of  funds. 

525.  Where  the  records  shall  be  kept. 

526.  Orders  to  be  drawn  in  payment  for 

bonds  purchased. 

527.  The    state    treasurer    shall    be    cus- 

todian. 

528.  Separate  accounts. 

529.  The  commissioners  shall  collect  mon- 

eys due  different  funds. 

530.  Must  sell  bonds  to  commission. 

531.  May  purchase  at  lower  interest. 

532.  Office  of  loan  commissioner  of  State 

Agricultural  College  abolished. 

533.  Compensation  of  board. 

534.  Where  person  dies  without  heir  and 

will,    county    superintendent    may 
file  petition  in  probate  court. 

535.  Probate  court  to  order  sale  of  estate 

described  in  petition. 

536.  Proceeds  of  sale  paid  through  county 

treasurer     into     state     permanent 
school  fund. 

SECTION  518.  School-fund  Commissioners.  [8939.]  The 
state  superintendent  of  public  instruction,  secretary  of  state 
and  attorney-general  shall  constitute  a  board  of  commissioners 
for  the  management  and  investment  of  the  state  permanent 
school,  State  Normal  School  and  State  University  funds.  Such 
board  shall  be  organized  as  follows:  The  secretary  of  state 
shall  be  the  president  of  such  board,  and  the  state  superintend- 
ent of  public  instruction  shall  be  the  secretary  thereof.  In 
the  absence  of  either  of  said  officers,  the  attorney-general  shall 
act  as  president,  or  as  secretary,  as  the  case  may  require.  Such 
commissioners,  when  acting  as  such,  must  act  personally.  No 
member  thereof  can  be  represented  in  such  board  by  any  as- 
sistant or  clerk  in  the  office  of  which  such  member  is  the  chief 
officer.  (Laws  1879,  ch.  166,  sec.  113.) 

SEC.  519.  Meetings.  [8940.]  Such  board  of  commissioners 
shall  meet  regularly  in  the  office  of  the  state  superintendent  of 
public  instruction,  on  the  last  Saturday  of  each  month,  at  ten 
o'clock  A.  M.  Special  meetings  of  the  board  may  be  held  at  any 
time  at  the  call  of  any  member.  (Laws  1879,  ch.  166,  sec.  114.) 

SEC.  520.  Records.  [8941.]  Said  commissioners  shall  keep 
in  a -suitable  book  a  full  and  correct  record  of  all  their  pro- 
ceedings at  every  session  of  the  board,  which  shall  include  all 
of  the  matters  required  to  be  recorded  as  hereinafter  specified 
in  this  act,  and  which  record,  at  the  close  of  each  session,  shall 
be  signed  by  the  president  and  secretary.  (Laws  1905,  ch.  472, 
sec.  1.) 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  175 

SEC.  521.  Register  of  Bonds  Offered  and  Bought.  [8942.] 
They  shall  also  keep  such  other  books  as  may  be  necessary  to 
properly  register  and  describe  all  bonds  offered  to  them  and 
all  bonds  bought  by  them  for  the  benefit  of  the  permanent 
school,  State  Agricultural,  State  Normal  and  State  University 
funds,  or  either.  Such  record-books  shall  be  ruled  so  as  to  en- 
able the  board  to  register  the  name  and  residence  of  the  person 
offering  to  sell  any  such  bonds,  the  price  at  which  bonds  were 
offered,  the  name  and  residence  or  location  of  the  owner  or 
municipal  corporation  for  whom  such  offer  is  made,  and  a  full 
detailed  description  of  every  bond  so  offered,  including  the  date, 
number,  series,  amount  and  rate  of  interest  of  each  bond,  and 
when  the  interest  and  principal,  respectively,  are  payable,  and 
the  date,  amount  and  number  of  each  coupon,  and  when  pay- 
able, the  name,  residence  and  post-office  address  of  the  owner, 
the  name,  residence  and  post-office  address  of  the  agent  or  at- 
torney representing  the  owner  of  such  bonds,  what  disposition 
the  owner  of  the  bonds  claims  has  been  made  of  the  missing  cou- 
pons, if  any ;  and  upon  the  presentation  of  any  bond  or  bonds 
for  the  purchase  by  the  School-fund  Commission,  such  bond  or 
bonds,  together  with  the  record  of  the  proceedings  connected 
with  the  issuance  of  such  bond  or  bonds,  shall  first  be  submitted 
to  the  attorney-general  for  his  opinion  as  to  the  validity  thereof. 
It  shall  be  the  duty  of  the  attorney-general  to  immediately  ex- 
amine such  bond  or  bonds  and  proceedings,  and  report  thereon 
in  writing  to  the  School-fund  Commission  as  to  their  validity. 
Upon  receipt  of  such  opinion,  and  before  the  board  shall  act 
upon  the  question  of  purchasing  such  bond  or  bonds,  if  the  at- 
torney-general approves  them  as  valid,  then  the  record  herein- 
before provided  for  shall  be  made,  and  such  record  shall  in- 
clude the  opinion  of  the  attorney-general  as  to  the  validity 
thereof.  (Laws  1905,  ch.  472,  sec.  2.) 

SEC.  522.  Investment  of  Funds.  [8943.]  Said  board  of  com- 
missioners shall  have  the  power,  and  it  is  hereby  made  their 
duty,  from  time  to  time,  to  invest  any  moneys  belonging  to  the 
permanent  school  fund,  State  Agricultural  College,  State  Nor- 
mal and  State  University  funds  in  the  bonds  of  the  United 
States,  or  bonds  of  the  state  of  Kansas,  or  bonds  of  any  mu- 
nicipality of  the  state  of  Kansas,  school-district  bonds,  bonds  of 
boards  of  education,  and  in  the  warrants  issued  by  the  auditor 
of  state  on  the  state  treasurer  and  by  him  stamped  "Not  paid 
for  want  of  funds/'  In  making  such  investment,  they  shall  not 
pay  for  any  such  bonds  or  warrants  any  greater  sum  than  par, 
nor  more  than  the  actual  market  price  thereof  at  the  time  of 
purchasing  the  same,  less  than  par;  and  whenever  any  mu- 
nicipality of  the  state  of  Kansas  shall  offer  its  bonds  for  sale 
the  State  School-fund  Commissioners  shall  have  the  power  to 
buy  the  same,  if  the  validity  thereof  shall  have  been  approved 
by  the  attorney-general ;  provided,  that  the  commissioners  shall 


176  SCHOOL-FUND   COMMISSIONERS.  [CH.  25 

not  invest  in  any  other  bonds  which,  together  with  other  out- 
standing bonded  indebtedness,  shall  exceed  fifteen  per  cent  of 
the  assessed  valuation  of  said  municipality  as  returned  and 
fixed  by  such  municipality.  (Laws  1905,  ch.  472,  sec.  3.) 

SEC.  523.  Quorum.  [8944.]  Any  two  members  of  said 
board  shall  constitute  a  quorum.  But  such  board  shall  not 
purchase  any  school-district  bond  or  bonds  except  at  a  legal 
session  thereof,  nor  unless  every  member  of  the  board  is  noti- 
fied in  time  to  be  present  at  such  meeting,  and  notified  also 
that  the  question  of  purchasing  such  bonds  is  to  be  considered 
thereat,  designating  the  bonds.  (Laws  1879,  ch.  166,  sec.  118.) 

SEC.  524.  Record  of  Funds.  [8945.]  Said  commissioners 
shall  keep  a  record  showing  a  detailed  statement  of  the  condi- 
tion of  the  state  permanent  school  fund,  State  Agricultural, 
State  Normal  and  State  University  funds  under  their  control, 
amount  of  each  fund,  how  invested,  when  due,  interest  paid, 
and  every  other  act  in  any  manner  connected  with  the  manage- 
ment and  investment  of  said  funds ;  and  the  state  superintend- 
ent of  public  instruction  shall  biennially  report  all  such  in- 
vestments to  the  governor,  to  be  laid  before  the  legislature,  and 
shall  also  cause  to  be  published  at  the  end  of  each  quarter  of 
the  calendar  year,  in  the  official  state  paper,  a  statement  of  the 
amount  of  each  of  such  funds  then  on  hand,  the  amount  of 
each  fund  invested  during  this  quarter,  and  a  full  descrip- 
tion of  the  said  bonds  bought  for  each  fund,  date  of  such 
bonds,  amount,  rate  of  interest,  when  payable,  number  of 
coupons  attached  when  bought,  from  whom  purchased,  and  the 
price  or  rate  paid  therefor.  (Laws  1905,  ch.  472,  sec.  4.) 

SEC.  525.  Where  Records  Shall  be  Kept.  [8946.]  All  the 
record-books  and  records  of  such  board  shall  be  kept  in  the 
office  of  the  state  superintendent  of  public  instruction,  but  the 
same  shall  be  open  during  office  hours  for  the  inspection  of 
every  citizen  of  the  state  of  Kansas.  (Laws  1905,  ch.  472, 
sec.  5.) 

SEC.  526.  Orders  Drawn.  [8947.]  In  the  investment  of  the 
state  permanent  school,  State  Agricultural,  State  Normal  and 
State  University  funds,  the  commissioners  are  hereby  author- 
ized to  draw  their  orders  on  the  state  treasurer,  payable  out 
of  the  fund  invested,  for  the  purchase-price  of  the  bond,  bonds, 
or  warrants,  which  orders,  previous  to  their  delivery,  shall  be 
registered  in  the  state  treasurer's  office  in  a  book  provided  for 
that  purpose.  Such  orders  shall  not  be  drawn  until  the  bonds 
purchased  for  which  the  order  is  drawn  shall  have  been  de- 
livered to  the  state  auditor  for  record  and  stamped  as  herein 
provided.  Immediately  upon  the  receipt  of  such  bonds,  the 
state  auditor  shall  cause  each  bond  and  coupon  to  be  plainly 

stamped  upon  the  back  thereof,  "Property  of  the  state 

fund,  nonnegotiable  and  nontransferable,"  with  the  name  of 
the  fund  for  which  such  bond  is  purchased.  He  will  also  cause 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  177 

to  be  made  in  a  book  kept  for  that  purpose  a  record  of  each  of 
such  bonds  and  each  coupon  thereto  attached,  which  record 
shall  show  amount,  date  and  rate  of  interest  of  such  bond, 
when  and  where  payable,  the  date,  amount  and  number  of  each 
coupon  and  when  payable.  Whenever  any  bond  or  coupon  shall 
have  been  paid,  and  one  of  the  duplicate  receipts  therefor, 
issued  by  the  state  treasurer,  shall  have  been  received  by  the 
auditor  of  state,  he  shall  credit  such  bond  or  coupon  and 
charge  the  state  treasurer  with  the  amount  so  received.  Semi- 
annually,  on  the  1st  day  of  March  and  September  of  each  year, 
the  state  auditor  shall  compare  said  record  with  the  similar 
record  herewith  required  to  be  kept  by  the  state  treasurer  and 
verify  the  same.  (Laws  1905,  ch.  472,  sec.  6.) 

SEC.  527.  State  Treasurer  Shall  be  Custodian.  [8948.]  All 
moneys  belonging  to  the  state  permanent  school,  State  Agri- 
cultural, State  Normal  and  State  University  funds  shall  be 
paid  to  and  held  by  the  state  treasurer,  and  shall  be  subject  to 
the  order  of  the  Board  of  School-fund  Commissioners.  The 
state  treasurer  shall  also  be  the  custodian  of  all  bonds,  notes, 
mortgages  and  evidences  of  debt  arising  out  of  the  manage- 
ment and  investment  of  the  state  permanent  school,  State 
Agricultural,  State  Normal  and  State  University  funds  by  said 
board  of  commissioners.  Immediately  upon  the  receipt  by  the 
state  treasurer  from  .the  auditor  of  state  of  any  bond,  coupon 
or  warrant  stamped  as  herein  required  and  purchased  by  the 
State  School-fund  [Commissioners]  for  any  of  the  said  funds, 
it  shall  be  the  duty  of  the  state  treasurer  to  immediately  cause 
to  be  recorded,  in  a  book  to  be  kept  for  that  purpose,  a  detailed 
description  of  such  bond,  coupon,  or  warrant,  showing  the 
date  thereof,  amount,  when  payable,  rate  of  interest,  number, 
by  whom  issued,  where  payable,  and  shall  give  to  the  auditor 
of  state  his  receipt  therefor.  When  ever  "any  such  bond,  coupon 
or  warrant  is  paid,  the  state  treasurer  shall  credit  upon  such 
record  the  amount  of  such  payment  and  charge  himself  with 
the  money,  and  shall  issue  his  receipt  for  said  sum  in  dupli- 
cate, one  copy  of  which  shall  be  transmitted  to  the  auditor  of 
state.  (Laws  1905,  ch.  472,  sec.  7.) 

SEC.  528.  Separate  Account.  [7724.]  He  shall  keep  in  a 
separate  book  an  account  of  all  school  moneys  received  by  him, 
distinguishing  between  the  perpetual  fund  and  the  annual  fund 
for  disbursement,  and  shall  report  to  the  state  superintendent 
on  the  1st  day  of  February  and  1st  day  of  August  of  each  year 
the  amount  of  money  in  his  hands  belonging  to  the  permanent 
school  fund  and  subject  to  investments,  and  on  the  1st  day  of 
March  and  on  the  25th  day  of  July  of  each  year  the  state  treas- 
urer shall  report  to  the  superintendent  of  public  instruction 
the  amount  of  money  in  the  treasury  belonging  to  the  annual 
school  fund  and  subject  to  disbursement  on  the  semiannual 
dividends.  (Laws  1876,  ch.  122,  art.  16,  sec.  3.) 


178  SCHOOL-FUND   COMMISSIONERS.  [CH.  25 

SEC.  529.  Collection  of  Moneys.  [8949.]  It  shall  be  the  duty 
of  said  board  of  commissioners,  from  time  to  time,  as  soon  as 
may  be  practicable,  to  collect  all  moneys  due  and  owing  to  the 
state  permanent  school,  State  Agricultural,  State  Normal  and 
State  University  funds,  and  make  investments  of  the  same  as 
herein  required.  If  any  such  moneys  shall  remain  unpaid  for 
thirty  days  after  the  same  become  due  and  payable,  the  com- 
missioners shall  notify  the  attorney-general  of  that  fact,  and 
it  shall  then  be  his  duty  to  then  proceed  to  collect  the  same  by 
civil  action,  to  be  brought  and  prosecuted  in  the  name  of  the 
state.  (Laws  1905,  ch.  472,  sec.  8.) 

SEC.  530.  Must  Offer  Bonds  to  Board.  [8950.]  That  the 
several  municipal  officers  who  have  charge  of  the  sale  of  any 
bonds  hereafter  to  be  issued,  which  the  board  of  commissioners 
of  the  state  permanent  school  fund  are  authorized  to  purchase 
under  the  law,  are  hereby  directed  to  sell  such  bonds  to  said 
board  of  commissioners  of  the  state  permanent  school  fund, 
if  it  will  pay  par  for  the  same;  and  it  shall  be  unlawful  for 
any  such  municipal  boards,  members  thereof  or  other  mu- 
nicipal officers  to  sell  any  such  bonds  without  having  first 
offered  such  bonds  to  said  board  of  commissioners  of  the  state 
permanent  school  fund ;  and  every  municipal  board  or  member 
thereof,  or  other  municipal  officer,  who  shall  sell  any  such 
bonds  to  any  other  person  at  any  price,,  without  having  first 
given  the  board  of  commissioners  of  the  state  permanent 
school  fund  an  opportunity  to  purchase  same,  as  hereinbefore 
provided,  and  every  other  officer  violating  the  provisions  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months, 
and  shall  forfeit  his  office.  (Laws  1905,  ch.  472,  sec.  9.) 

SEC.  531.  May  Purchase  at  Lower  Interest.  [8951.]  Said 
School-fund  Commissioners  may  in  their  discretion  agree  with 
the  parties  offering  bonds  to  take  such  bonds  at  par  at  a  lower 
rate  of  interest  than  the  interest  stipulated  in  the  bonds  and 
coupons  thereto  attached.  In  case  any  such  bonds  so  pur- 
chased by  said  board  of  commissioners  provide  for  a  higher 
rate  of  interest  than  the  rate  of  interest  at  which  they  are 
purchased  by  said  board,  the  rate  at  which  they  are  purchased 
shall  be  distinctly  noted  upon  such  bonds  and  the  coupons 
thereto  attached,  and  the  amount  of  such  coupons  shall  be 
reduced  accordingly,  and  the  same  notation  shall  be  made  on 
the  record  of  such  bonds  kept  in  the  office  of  such  board. 
(Laws  1905,  ch.  472,  sec.  10.) 

SEC.  532.  Office  of  Loan  Commissioner  Abolished.  [8952.] 
The  loan  commissioner  for  the  board  of  regents  of  the  State 
Agricultural  College  shall,  immediately  upon  the  taking  effect 
of  this  act,  deliver  to  the  state  treasurer  all  moneys,  evidences 
of  indebtedness,  securities,  books  and  records  belonging  or 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  179 

appertaining  to  the  State  Agricultural  College  fund,  and  shall 
take  the  receipt  of  the  treasurer  therefor.  All  moneys  belong- 
ing to  said  funds  and  so  delivered  to  the  state  treasurer  shall 
become  subject  to  the  provisions  of  this  act.  It  shall  be  the 
duty  of  the  said  board  of  regents  and  the  state  accountant, 
immediately  upon  the  taking  effect  of  this  act,  to  make  final 
settlement  with  the  loan  commissioner,  to  close  the  accounts 
thereof  with  said  loan  commissioner,  and  the  office  of  said 
loan  commissioner  is  hereby  ablished.  (Laws  1905,  ch.  472, 
sec.  11.) 

SEC.  533.  Compensation.  [7697.]  Said  board  of  commis- 
sioners shall  receive  such  pay  for  their  services  as  may  be 
prescribed  by  law.  (Laws  1876,  ch.  122,  art.  15,  sec.  6.) 

SEC.  534.  Unclaimed  Estates.  [7699.]  In  all  cases  where 
persons  die  without  heirs,  and  intestate,  it  shall  be  lawful  for 
the  superintendent  of  public  instruction  of  the  county  where 
any  land  lies,  belonging  to  the  estate  of  such  person  dying 
without  heir  and  will,  after  a  lapse  of  three  years  from  the 
date  of  letters  of  administration  upon  such  estate,  to  file  a 
petition  in  the  probate  court  of  the  county  granting  such  let- 
ters, setting  forth  in  said  petition  (1)  that  such  deceased  per- 
son died  without  heirs,  and  intestate;  (2)  that  three  years 
have  elapsed  since  the  date  of  letters  of  administration;  (3) 
a  description  of  the  real  estate;  (4)  that  no  debts  remain 
unpaid  of  this  estate  not  barred  by  the  statute  of  limi- 
tation. Such  petition  shall  be  verified  by  the  affidavit  of  the 
county  superintendent  of  public  instruction,  or  by  some  per- 
son who  has  knowledge  of  the  fact.  (Laws  1876,  ch.  122, 
art.  15,  sec.  8.) 

SEC.  535.  Sale  of  Real  Estate.  [7700.]  It  shall  be  the  duty 
of  the  probate  court,  on  the  filing  of  the  petition  mentioned 
in  the  preceding  section,  and  being  satisfied  that  the  facts 
stated  in  said  petition  are  true,  to  issue  an  order  to  the  ad- 
ministrator to  sell  the  real  estate  described  in  such  petition, 
in  the  same  manner  as  real  estate  is  sold  by  administrators 
for  the  payment  of  debts  due  from  deceased  persons;  and 
the  same  proceedings  shall  be  had  in  confirming  the  sale  and 
the  execution  of  the  deed  by  the  administrator  as  are  provided 
by  law  for  the  sale  of  real  estate  for  the  payment  of  the  debts 
of  any  deceased  person.  (Laws  1876,  ch.  122,  art.  15,  sec.  9.) 

SEC.  536.  Proceeds  of  Sale.  [7701.]  It  shall  be  the  duty  of 
the  administrator,  after  the  payment  of  the  costs  of  said  pe- 
tition and  making  said  sale  and  six  per  cent  commission  to 
such  administrator,  to  pay  the  county  treasurer  of  the  county 
where  the  land  is  situated  the  remainder  of  the  purchase- 
money  for  the  benefit  of  the  common  schools  of  the  state,  and 
shall  take  duplicate  receipts  therefor;  and  it  shall  be  his  duty 
to  file  one  of  such  duplicates  with  the  probate  court  of  the 
proper  county.  If,  at  any  time  within  twenty-one  years  after 


180  SCHOOL-FUND  COMMISSIONERS.  [CH.  25 

the  date  of  payment  of  said  money  to  the  county  treasurer, 
any  person  shall  appear  and  claim  said  money  as  the  rightful 
heir  to  said  estate,  and  shall  prove  heirship  satisfactory  to 
the  probate  court,  the  judge  of  said  court  shall  so  certify,  and 
the  state  treasurer  shall  pay  over  to  such  claimant  the  sum 
so  received  from  the  county  treasurer  from  such  estate.  (Laws 
1876,  ch.  122,  art.  15,  sec.  10.) 

SEC.  537.  State  and  County  Superintendents  to  Give  Notice 
of  Unclaimed  Estates.  [Laws  1913,  ch.  273,  sec.  1.]  That  it 
shall  be  the  duty  of  the  state  superintendent  of  public  in- 
struction and  the  county  superintendent  of  public  instruction 
whenever  they,  or  either  of  them,  have  notice  or  knowledge 
of  the  existence  of  an  estate  of  a  person  who  has  died  without 
.heir  or  bona  fide  will  to  notify  the  county  attorney  of  the 
county  in  which  the  estate  or  any  part  of  it  is  located,  and  to 
notify  the  attorney-general  in  like  manner. 

SEC.  538.  Probate  Judge  to  Give  Notice.  [Laws  1913,  ch. 
273,  sec.  2.]  Whenever  it  shall  come  to  the  notice  of  the  pro- 
bate judge  that  an  estate  of  a  deceased  person  is  being  ad- 
ministered under  the  supervision  of  his  court,  and  the  heirs  or 
devisees,  or  pretended  heirs  or  pretended  devisees,  are  un- 
known to  the  probate  judge  it  shall  be  the  duty  of  such  probate 
judge  to  notify  the  county  attorney  of  the  fact  of  such  adminis- 
tration and  to  notify  the  attorney-general  in  like  manner. 

SEC.  539.  County  Attorney  to  Investigate.  [Laws  1913,  ch. 
273,  sec.  3.]  Whenever  it  shall  come  to  the  notice  of  the  county 
attorney  that  there  exists  in  his  county  the  estate  of  a  person 
who  has  died  without  heir  or  will,  it  shall  be  his  duty  to  in- 
vestigate and  closely  scrutinize  the  claims  of  such  claimants, 
and  to  prevent  the  spoliation  of  such  estates  by  fraudulent 
claimants,  and  to  conserve  and  secure  all  such  estates  for  the 
benefit  of  the  school  fund  where  the  claimants  are  not  entitled 
thereto. 

SEC.  540.  Expense  of  Inquiry.  [Laws  1913,  ch.  273,  sec. 
4.]  Whenever  in  the  opinion  of  the  probate  judge  the  in- 
terests of  the  school  fund  so  require,  the  probate  court  may 
make  an  allowance  out  of  the  estate  to  defray  the  reasonable 
expenses  of  the  county  attorney  in  making  inquiries  and  in  the 
examination  of  witnesses  touching  the  rights  of  claimants  to 
the  estate  of  any  such  deceased  person ;  but  no  expense  to  the 
estate  shall  be  incurred  under  the  provisions  of  this  act  where 
there  are  one  or  more  heirs  or  devisees  residing  in  the  county, 
or  where  any  one  or  more  of  the  heirs  or  devisees  are  person- 
ally known  to  the  probate  judge. 

SEC.  541.  Unlawful  to  Act  as  Private  Attorney.  [Laws 
1913,  ch.  273,  sec.  5.]  It  shall  be  unlawful  for  either  the  at- 
torney-general or  county  attorney  to  be  employed  as  a  private 
attorney  in  behalf  of  any  pretended  heir  or  devisee  not  residing 
in  the  county  where  the  estate  is  located  in  any  matter  or 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  181 

proceeding  before  the  probate  court  or  where  the  rights  of  such 
pretended  heir  or  devisee  may  be  affected  by  the  judgment  or 
opinion  of  any  county  thereon. 

SEC.  542.  Duty  of  Attorney-general.  [Laws  1913,  ch.  273, 
sec.  6.]  It  shall  be  the  duty  of  the  attorney-general  to  see 
that  this  act  is  enforced  and  obeyed,  and  whenever  in  his 
opinion,  or  in  the  opinion  of  the  governor,  the  public  interests 
require  it,  the  attorney-general  may  supersede  the  county  at- 
torney and  perform  his  duties  in  the  prosecution  or  defense  of 
the  interests  of  the  school  fund  under  this  act. 

SEC.  543.  Consolidation  of  Bonds.  [7702.]  It  is  hereby 
made  the  duty  of  the  School-fund  Commissioners  to  consolidate 
all  state  bonds  now  belonging  to  or  hereafter  coming  into  pos- 
session of  the  permanent  school  fund,  in  the  following 
manner,  to  wit:  All  bonds  falling  due  on  the  same  date 
and  bearing  the  same  rate  of  interest  shall  be  consolidated 
into  one  bond,  of  equal  amount  to  the  bonds  so  consolidated; 
and  coupons  of  interest  shall  be  attached  thereto,  of  equal 
amount  to  the  consolidated  coupons,  and  payable  in  the  same 
manner  as  the  coupons  of  the  bonds  so  consolidated;  such 
consolidated  bonds  shall  be  made  out  by  the  auditor  of  state, 
signed  by  the  governor,  and  attested  by  the  secretary  of  state, 
and  shall  be  made  payable  to  the  permanent  school  fund  of 
the  state  of  Kansas,  and  shall  have  imprinted  on  their  face 
the  words,  "Not  transferable."  All  bonds  presented  by  the 
School-fund  Commissioners  shall,  in  their  presence,  be  can- 
celed and  destroyed  by  the  auditor  of  state,  after  a  consoli- 
dated bond  shall  have  been  issued  for  the  same.  (Laws  1876, 
ch.  122,  art.  15,  sec.  11.) 

SEC.  544.  Registry  of  Consolidated  Bonds.  [7703.]  All 
consolidated  bonds  shall  be  registered  by  the  auditor  as  other 
state  bonds  now  are  registered.  (Laws  1876,  ch.  122,  art.  15, 
sec.  12.) 

SEC.  545.  Registration  of  Bonds  Belonging  to  School  Fund. 
[7709.]  Immediately  after  the  passage  of  this  act,  it  shall 
be  the  duty  of  the  auditor  of  state  to  prepare  a  register  of  all 
bonds  belonging  to  the  permanent  school  fund.  (Laws  1877, 
ch.  172,  sec.  1.) 

SEC.  546.  Registration  of  Bonds  Purchased.  [7710.]  That 
it  shall  hereafter  be  the  duty  of  the  commissioners  of  the  per- 
manent school  fund  to  present  to  the  auditor  of  state  all  bonds 
which  may  hereafter  be  purchased  by  them  prior  to  the  deposit 
of  the  same  with  the  state  treasurer,  and  it  shall  be  the  duty  of 
the  auditor  to  register  all  bonds  so  presented.  (Laws  1877, 
ch.  172,  sec.  2.) 

SEC.  547.  Treasurer's  Statement.  [7711.]  That  it  shall  be 
the  duty  of  the  state  treasurer,  immediately  after  collecting 
any  interest  on  such  bonds  or  the  principal  of  the  same,  to 


182  SCHOOL-FUND   COMMISSIONERS.  [CH.  25 

file  with  the  auditor  a  detailed  statement  or  statements  of 
the  amount  or  amounts  so  collected,  stating  the  name  of  the 
county,  the  number  of  the  district,  the  number  of  the  cou- 
pons or  bonds  paid  by  such  district,  and  the  amount  paid; 
and  the  said  treasurer  shall  cancel  on  the  register  in  his  of- 
fice all  coupons  and  bonds  so  paid.  (Laws  1877,  ch.  172, 
sec.  4.) 

SEC.  548.  Cancellation  of  Bonds  and  Coupons.  [7712.]  That 
immediately  after  the  filing  of  such  statement  or  statements 
by  the  treasurer,  the  auditor  shall  cancel  such  coupons  or 
bonds  as  are  designated  in  said  statement  or  statements  upon 
the  register  in  his  office,  and  charge  the  treasurer  with  the 
amounts.  (Laws  1877,  ch.  172,  sec.  5.) 

SEC.  549.  Bonds  to  be  Compared.  [7713.]  That  it  shall  be 
the  duty  of  the  auditor  of  state,  on  the  first  Monday  in  August 
of  each  year,  to  compare  the  register  kept  by  him  with  the 
bonds  in  the  treasurer's  office,  and  shall  at  the  time  of  com- 
paring such  register  require  the  treasurer  to  produce  all  cou- 
pons and  bonds  remaining  unpaid,  which  shall  be  compared 
with  the  register.  (Laws  1877,  ch.  172,  sec.  6.) 

SEC.  550.  Penalty.  [7714.]  That  any  state  treasurer  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  section 
3  and  section  5  of  this  act165  shall  be  deemed  guilty  of  having 
converted  the  same  to  his  own  use,  and  shall  upon  conviction 
be  subject  to  all  the  penalties  provided  for  in  section  56  of 
chapter  102,  General  Statutes  of  the  state  of  Kansas.  (Laws 
1877,  ch.  172,  sec.  7.) 

SEC.  551.  Exchange  of  Bonds.  [7715.]  The  board  of  com- 
missioners for  the  management  of  the  state  permanent  school 
fund  shall  have  the  power  to  exchange  any  school-district  or 
board-of-education  bonds  belonging  to  the  permanent  school 
funds  now  in  the  state  treasury  for  other  bonds  of  the  same 
district  or  board  of  education  bearing  a  lower  rate  of  interest 
and  running  a  longer  time  than  the  bonds  exchanged,  upon  the 
application  of  the  proper  officers  of  such  school  district  or 
board  of  education;  provided,  that  they  shall  not  receive  any 
funding  bonds  running  a  less  time  than  five  years;  and  pro- 
vided further,  that  the  rate  of  interest  on  bonds  so  accepted  by 
said  commissioner  shall  not  be- less  than  four  per  cent.  (Laws 
1907,  ch.  377,  sec.  1.) 

SEC.  552.  Funding  Bonds  to  be  Stamped.  [7719.]  All  bonds 
accepted  as  funding  bonds  by  the  board  of  commissioners  shall 
be  stamped  by  the  auditor  and  deposited  with  the  state  treas- 
urer, and  the  auditor  shall  charge  the  treasurer  with  the 
amount  in  the  same  manner  as  though  said  bonds  had  been 
purchased  for  cash.  (Laws  1879,  ch.  160,  sec.  5.) 

SEC.  553.   Record  of  Proceedings.    [7717.]    The  said  board 

165.    Section  548  of  this  book. 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  183 

of  commissioners,  after  having  examined  and  accepted  any 
funding  bonds  as  contemplated  in  section  1  of  this  act,, shall 
make  a  certificate  in  duplicate,  directed  to  the  state  treasurer, 
stating  that  they  have  examined  and  accepted  the  funding 

bonds  of  school  district  No. ,  of  the  county  of ,  or 

board  of  education  of  the  city  of ,  for  the  sum  of  — — 

dollars,  in  lieu  of  bonds  numbered ,  for  like  amount 

issued  by  said  district  or  board  of  education,  now  in  the  state 

treasury,  and  belonging  to  the fund,  and  the  treasurer 

of  state  is  authorized  to  cancel  and  return  the  bonds  so  funded, 
together  with  the  coupons  attached  thereto,  and  not  matured, 
to  the  proper  officer  of  the  county,  city  or  school  district, 
which  said  certificate  shall  be  signed  by  a  majority  of  the  said 
commissioners,  one  of  which  shall  be  filed  with  the  auditor 
of  state  and  the  other  delivered  to  the  state  treasurer.  (Laws 
1879,  ch.  160,  sec.  3.) 


184 


STATE  ANNUAL   SCHOOL   FUND. 


[CH.  26 


CHAPTER  XXVI.— STATE  ANNUAL  SCHOOL  FUND. 


§558.  County  treasurer,  upon  proper  ap- 
plication, shall  pay  over  moneys 
to  district  treasurer. 

559.  Each  insurance  company  doing  busi- 
ness in  the  state  shall  annually 
pay  fifty  dollars  into  the  state 
annual  school  fund. 


§554.     State  annual  school  fund  shall  con- 
sist of  what. 

555.  State    treasurer    hold    annual    school 

fund  subject  to  order  of  state  su- 
perintendent. 

556.  Treasurer  shall  pay  county  treasurer 

on  order  of  state  superintendent. 

557.  County  treasurer  shall  apply  to  state 

treasurer    for    school    moneys    ap- 
portioned to  county. 

SECTION  554.  Shall  Consist  of  What.  [7722.]  The  state  an- 
nual school  fund  shall  consist  of  the  annual  income  derived 
from  the  interest  and  rents  of  the  perpetual  school  fund,  as 
provided  in  the  constitution  of  the  state.  (Laws  1879,  ch.  149, 
sec.  4,  March  13.) 

SEC.  555.  State  Treasurer.  [7723.]  The  state  treasurer 
shall  receive  all  the  annual  income  of  the  state  appropriated 
for  the  annual  support  of  schools,  whether  derived  from  the 
interest  of  moneys  loaned,  rents  of  school-lands,  or  annual  tax, 
and  hold  the  same  subject  to  the  order  of  the  state  superin- 
tendent of  public  instruction.  (Laws  1876,  ch.  122,  art.  16, 
sec.  2.) 

SEC.  556.  Payment.  [7725.]  He  shall  pay  over  to  the  treas- 
urer of  each  county,  on  application,  the  amount  of  school 
money  due  to  said  county,  on  order  of  the  state  superintendent 
of  public  instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  4.) 

SEC.  557.  County  Treasurer.  [7727.]  The  treasurer  of 
each  county  shall  apply  for  and  receive  of  the  state  treasurer 
the  school  moneys  apportioned  to  his  county  as  soon  as  the 
same  shall  become  payable.  (Laws  1876,  ch.  122,  art.  16, 
sec.  6.) 

SEC.  558.  Pay  to  the  District  Treasurer.  [7728.]  Each 
county  treasurer  receiving  such  moneys  shall,  upon  proper  ap- 
plication of  the  district  treasurer  of  any  district,  pay  over  to 
the  said  district  treasurer  the  amount  apportioned  to  the  dis- 
trict by  the  county  superintendent.  (Laws  1876,  ch.  122,  art. 
16,  sec.  7.) 

SEC.  559.  Insurance  Companies.  [7729.]  .  .  .  Every 
insurance  company  doing  business  in  this  state  shall,  in  addi- 
tion to  the  fees  required  by  this  act  (chapter  93,  Laws  1871), 
pay  into  the  state  treasury,  for  the  benefit  of  the  annual  school 
fund,  the  sum  of  fifty  dollars  each  year.  (Laws  1876,  ch.  122, 
art.  16,  sec.  8.) 


CH.  27] 


STATE  SUPERINTENDENT. 


185 


§566.  May  publish  the  school  laws  in  force, 
and  shall  cause  the  printing  and 
distribution  of  blanks  required  in 
transaction  of  the  common-school 
business. 

567.  Shall   visit    schools    and    recommend 

textbooks. 

568.  Office  at  seat  of  government;  books, 

apparatus,  reports,  etc.,  to  be  pre- 
served therein. 

569.  Evidence. 

570.  Biennial    report;    when    it    shall   be 

made,   and  what  it  shall  contain. 


CHAPTER  XXVII.— STATE  SUPERINTENDENT  OF  PUBLIC 

INSTRUCTION. 

§560.    Official  oath  and  bond. 

561.  Shall   have   supervision   of   the   edu- 

cational interests  of  the  state. 

562.  May    appoint    an    assistant    superin- 

tendent and  a  clerk  of  the  board 
of  school-fund  commissioners. 

563.  Apportionment  of  the  annual  school 

fund ;  time  of  making,  and  basis 
of  the  same. 

564.  Manner    of    apportioning    the    state 

annual  school  fund. 

565.  Official  opinions  to  be  given  at  the 

request  of  county  superintendents, 
and  a  record  of  such  decisions 
kept, 

SECTION  560.  Oath  and  Bond.  [8913.]  The  state  superin- 
tendent of  public  instruction  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  the  proper  oath  of  of- 
fice, and  shall  execute  to  the  state  of  Kansas  a  bond  in  the 
sum  of  $10,000,  with  two  or  more  sufficient  sureties  to  be  ap- 
proved by  the  Executive  Council,  conditioned  that  he  shall 
faithfully  perform  the  duties  of  his  said  office,  which  oath  and 
bond  shall  be  filed  in  the  office  of  the  secretary  of  state.  (Laws 
1879,  ch.  166,  sec.  78.) 

SEC.  561.  General  Duties.  [8914.]  The  educational  inter- 
ests of  the  state  shall  be  under  the  supervision  and  manage- 
ment of  the  state  superintendent  of  public  instruction,  subject 
to  such  limitations  and  restrictions  as  are  or  may  be  pre- 
scribed by  law ;  and  he  shall  have  and  exercise  the  powers  and 
perform  the  duties  prescribed  in  the  acts  relating  to  common 
schools.  (Laws  1879,  ch.  166,  sec.  79.) 

SEC.  562.  Assistant  and  Clerk.  [8915.]  The  state  superin- 
tendent shall  have  power  to  appoint  an  assistant  superin- 
tendent of  public  instruction,  who  shall  take  the  proper  oath  of 
office,  which  shall  be  filed  in  the  office  of  the  secretary  of  state; 
and  such  assistant  shall  perform  such  duties  as  his  principal 
shall  prescribe,  not  inconsistent  with  law.  Such  assistant  shall 
be  styled  the  "assistant  state  superintendent  of  public  instruc- 
tion," and  the  state  superintendent  shall  be  responsible  for  all 
the  official  acts  of  such  assistant.  Such  superintendent  may 
also  appoint  an  additional  clerk,  who  shall  act  as  clerk  of  the 
board  of  commissioners  for  the  management  and  investment  of 
the  school  fund ;  and  such  clerk  shall  perform  such  other  duties 
as  the  superintendent  may  require,  and  for  whose  official  acts 
such  superintendent  shall  be  responsible.  (Laws  1879,  ch.  1>6, 
sec.  80.) 

SEC.  563.  Apportionment  of  School  Fund.  [8916.]  Such 
state  superintendent  shall  distribute  the  income  of  the  state 


186  STATE   SUPERINTENDENT.  [CH.  27 

school  fund  and  the  annual  taxes  collected  by  the  state  for  the 
support  of  common  schools  to  those  counties  of  the  state  from 
which  the  proper  reports  have  been  received  by  said  state  super- 
intendent. Such  distribution  shall  be  made  twice  in  each  year, 
as  follows :  All  such  moneys  received  up  to  the  15th  of  Febru- 
ary shall  be  distributed  between  the  15th  and  last  day  of  such 
month,  and  that  received  up  to  the  15th  day  of  August  shall  be 
distributed  between  the  15th  and  last  day  of  such  month.  The 
apportionment  to  each  county  shall  be  made  in  proportion  to 
the  number  of  children  over  the  age  of  five  years  and  under  the 
age  of  twenty-one  years,  resident  therein,  as  shown  by  the  last 
annual  report  of  the  county  superintendent  to  the  state  super- 
intendent. (Laws  1879,  ch.  166,  sec.  81.) 

SEC.  564.  Draw  Orders.  [8917.]  Such  superintendent  shall 
draw  his  order  on  the  state  treasurer  in  favor  of  the  county 
treasurer  of  the  counties  respectively  entitled  to  school  mon- 
eys for  the  amount  of  such  moneys  apportioned  to  his  county, 
and  certify  the  amount  of  such  order  to  the  state  treasurer 
and  state  auditor,  and  also  to  the  county  clerk  and  superin- 
tendent of  the  proper  county.  (Laws  1879,  ch.  166,  sec.  82.) 

SEC.  565.  Official  Opinions.  [8918.]  Such  superintendent 
shall,  at  the  request  of  any  county  superintendent,166  give  his 
opinion,  upon  a  written  statement  of  facts,  on  all  questions  and 
controversies  arising  out  of  the  interpretation  and  construc- 
tion of  the  school  laws  in  regard  to  the  rights,  powers  and 
duties  of  school-district  boards,  school  officers,  and  county  su- 
perintendents, and  shall  keep  a  record  of  all  such  decisions. 
Before  giving  any  such  opinion,  the  superintendent  may  sub- 
mit the  statement  of  facts  to  the  attorney-general  for  his  ad- 
vice thereon,  and  it  shall  be  the  duty  of  the  attorney-general 
forthwith  to  examine  such  statement,  and  suggest  the  proper 
decision  to  be  made  upon  such  facts.  (Laws  1879,  ch.  166, 
sec.  83.) 

SEC.  566.  School  Laws  and  Blanks.  [8919.]  Such  superin- 
tendent, not  oftener  than  once  in  two  years,  may  publish  the 
school  laws  in  force,  with  such  forms,  regulations,  instructions 
and  decisions  as  he  may  judge  expedient  thereto  annexed,  and 
shall  cause  the  same  to  be  forwarded  to  the  persons  entitled  to 
receive  them.  He  shall  prescribe  and  cause  to  be  prepared  all 
forms  and  blanks  necessary  in  the  details  of  the  common- 
school  system,  so  as  to  secure  its  uniform  operation  through- 
out the  state ;  and  shall  cause  the  same  to  be  forwarded  to  the 
several  county  superintendents,  to  be  by  them  distributed  to 
the  several  persons  or  officers  entitled  to  receive  the  same. 
(Laws  1879,  ch.  166,  sec.  84.) 

166.  The  state  superintendent  is  required  by  law  to  render  an  opinion 
to  the  county  superintendent.  Such  opinions  should  always  be  sought 
through  the  county  superintendent. 


CH.  27]  STATE   SUPERINTENDENT.  187 

SEC.  567.  Visitation  and  Textbooks.  [8920.]  It  shall  be 
the  duty  of  such  superintendent  to  visit  each  county  of  the  state 
at  least  once  in  two  years,  and  as  much  oftener  as  consistent 
with  the  discharge  of  his  other  duties,  for  the  purpose  of  ad- 
vancing and  promoting  the  cause  of  education  throughout  the 
state.  It  shall  be  his  duty  to  recommend  the  most  approved 
textbooks  for  the  common  schools  of  the  state,  and  to  open 
such  correspondence  as  may  enable  him  to  obtain  all  necessary 
information  relating  to  the  system  of  common  schools  in  other 
states.  (Laws  1879,  ch.  166,  sec.  85.) 

SEC.  -568.  Office.  [8921.]  Such  superintendent  shall  have 
an  office  in  the  capitol,  where  he  shall  keep  all  books  and  pa- 
pers pertaining  to  the  duties  of  his  office ;  and  all  books,  school 
and  other,  and  all  apparatus,  maps  and  charts  now  belonging 
to  the  office  of  the  state  superintendent,  and  such  as  may  here- 
after be  received  for  such  office  by  purchase,  exchange,  or 
otherwise,  shall  be  kept  and  preserved  in  such  office,  and  de- 
livered by  the  superintendent  to  his  successor.  He  shall  file 
and  carefully  preserve  in  his  office  the  official  reports  made  to 
him  by  the  county  superintendents  of  the  several  counties, 
trustees  or  directors  of  academies,  graded  schools,  or  colleges. 
(Laws  1879,  ch.  166,  sec.  86.) 

SEC.  569.  Copies  of  Papers.  [8922.]  Copies  of  all  papers 
filed  in  his  office,  and  the  record  of  his  official  acts,  may  be 
certified  by  him,  and  when  so  certified  shall  be  evidence  equally 
and  in  like  manner  as  the  originals.  (Laws  1879,  ch.  166, 
sec.  87.) 

SEC.  570.  Biennial  Report.  [8923.]  The  superintendent 
shall,  on  the  1st  day  of  December  preceding  each  regular  ses- 
sion of  the  legislature,  make  out  and  deliver  to  the  governor 
a  report  containing:  (1)  A  statement  of  the  number  of  com- 
mon schools  in  the  state,  the  number  of  scholars  attending  the 
same,  their  sex,  and  the  branches  taught ;  a  statement  of  the 
number  of  private  or  select  schools  in  the  state,  so  far  as  the 
same  can  be  ascertained,  and  the  number  of  scholars  attending 
the  same,  their  sex,  and  the  branches  taught;  a  statement  of 
the  number  of  normal  schools  in  the  state,  and  the  number  of 
students  attending  them;  the  number  of  academies  and  col- 
leges in  the  state,  and  the  number  of  students,  and  their  sex, 
attending  them ;  and  such  other  matters  of  interest  as  he  may 
deem  expedient,  drawn  from  the  reports  of  the  county  super- 
intendents of  the  several  counties  in  the  state,  and  from  other 
reports  received  on  the  subject  of  education  from  trustees  or 
other  school  boards  within  the  state.  (2)  A  statement  of  the 
condition  of  the  common-school  fund  of  the  state,  including 
moneys,  school-lands  or  other  property  held  in  trust  by  the 
state  for  the  support  of  common  schools,  and  giving  a  lull 


188  STATE   SUPERINTENDENT.  [CH.  27 

statement  of  the  school-land  account  of  each  county.  (3)  A 
statement  of  the  receipts  and  expenditures  for  the  year.  (4) 
A  statement  of  plans  for  the  management  and  improvement  of 
common  schools,  and  such  other  information  relating  to  the 
educational  interests  of  the  state  as  he  may  deem  important. 
(Laws  1879,  ch.  166,  sec.  88.) 


CH.  28]  SCHOOL  TEXT-BOOK   COMMISSION.  189 


CHAPTER  XXVIIL— TEXTBOOKS. 
ARTICLE  I. — STATE  SCHOOL  BOOK  COMMISSION. 

This  article  contains  the  textbook  act  of  1913.  Those  parts  of  article  II, 
sections  585  to  616  of  this  book,  which  conflict  or  are  inconsistent  with 
this  act  are  no  longer  in  force. 

§571.    Commission    created;    compensation;        §579.    Requisition;  payments. 

580.  Application  of  dealer;   agreement. 

581.  State      superintendent     to     furnish 

copies    of    agreement    and    price 
lists. 

582.  Appropriation  for  ground,  buildings, 

equipment,   and  expenses. 

583.  Penalty    for    increase    in    price    and 

use  of  other  books. 

584.  Penalty  for  violation  by  members  of 

commission. 


572.  Chairman;    secretary;    qualifications, 

duties,   salary. 

573.  Complete  series  of  textbooks. 

574.  Powers  of  commission. 

575.  Printing  at  state  printing  plant. 

576.  Exclusive  use  of  books  required. 

577.  State  printer  shall,  furnish  estimates. 

578.  Purchase     of     books;      distributing 

agents. 


SEC.  571.  Commission  Created;  Compensation;  Expenses. 
[Laws  1913,  ch.  288,  sec.  1.]  For  the  purpose  of  carrying  out 
the  provisions  of  this  act,  there  is  hereby  created  a  State 
School  Book  Commission  consisting  of  seven  members  which 
shall  be  composed  of  the  state  superintendent  of  public  in- 
struction, the  president  of  the  State  Normal  School,  the  presi- 
dent of  the  State  Agricultural  College,  the  state  printer,  the 
president  of  the  State  Board  of  Agriculture,  and  two  other 
persons  to  be  appointed  by  the  governor  for  a  term  of  two 
years  from  April  1st,  1913.  The  commission  thus  created  shall 
perform  the  duties  and  exercise  the  power  granted  in  this  act 
and  shall  have  all  the  powers  and  authority  heretofore  belong- 
ing to  the  School  Text  Book  Commission,  except  so  far  as 
these  duties  are  modified  by  the  provisions  of  this  act.  The 
members  of  the  commission  shall  take  an  oath  of  office,  the 
form  of  which  shall  be  prepared  by  the  attorney-general. 
Within  twenty  days  after  this  act  shall  take  effect  the  state 
superintendent  of  public  instruction  shall  call  a  meeting  for 
the  purpose  of  effecting  an  organization;  and  thereupon  all 
authority  heretofore  belonging  to  the  School  Text  Book  Com- 
mission 'shall  be  transferred  to  the  State  School  Book  Com- 
mission, and  the  said  School  Text  Book  Commission  shall 
cease  to  exist.  All  contracts  made  by  the  School  Text  Book 
Commission  and  in  force  at  the  time  when  this  act  takes  effect 
shall  be  enforced  by  the  State  School  Book  Commission  created 
by  this  act.  The  commission  shall  have  authority  to  make  its 
own  rules  and  regulations,  and  to  determine  the  method  of  its 
procedure  in  accordance  with  the  provisions  of  this  act.  Each 
member  of  said  commission  who  shall,  at  the  time  of  service 
thereon,  be  receiving  a  stated  salary  from  the  state,  shall  not 
be  allowed  per  diem,  but  the  other  members  shall  receive  as 
their  full  compensation  the  sum  of  five  dollars  for  each  day  s 
actual  service  in  attending  the  meetings  of  the  said  commis- 


190  STATE   SCHOOL   BOOK   COMMISSION.  [CH.  28 

sion.  And  each  member  shall  receive  all  necessary  and  actual 
traveling  and  hotel  expenses  incurred  in  attending  all  meet- 
ings of  the  commission  and  in  discharge  of  their  duties. 

SEC.  572.  Chairman;  Secretary;  Qualifications,  Duties, 
Salary.  [Laws  1913,  ch.  288,  sec.  2.]  The  commission  thus 
created  shall  select  one  of  its  members  as  chairman  of  the 
State  School  Book  Commission;  the  commission  shall  choose  a 
secretary  who  shall  not  be  a  member  thereof,  but  who  shall 
be  a  person  of  recognized  ability  and  well  qualified  to  deter- 
mine the  educational  value  and  use  of  school  textbooks,  and 
who  shall  maintain  his  office  in  the  state  capitol,  and  devote  all 
his  time  to  the  duties  of  such  secretaryship.  He  shall  keep  all 
accounts  and  records  of  the  State  School  Book  Commission, 
shall  furnish  the  commission  with  full  and  complete  informa- 
tion as  to  the  character,  worth,  adaptability,  educational,  and 
mechanical  value  of  such  books  as  are  used  in  the  public  schools 
of  this  state,  and  of  other  states,  and  shall  report  any  viola- 
tions of  the  provisions  of  this  act  to  the  said  commission  imme- 
diately on  learning  thereof.  It  shall  also  be  the  duty  of  the 
secretary  to  see  that  the  books  are  properly  distributed,  and 
collections  made  for  same.  The  secretary  shall  hold  his  office 
for  two  years,  or  until  dismissed  by  the  commission  for  cause, 
and  shall  receive  an  annual  salary  to  be  fixed  by  the  commis- 
sion, not  to  exceed  two  thousand  dollars.  The  secretary  shall 
give  a  good  and  sufficient  security  company  bond  in  the  sum 
of  ten  thousand  dollars  ($10,000),  the  cost  of  which  shall  be 
borne  by  the  state,  conditioned  on  the  faithful  discharge  of 
his  official  duties,  and  shall  be  approved  by  the  State  School 
Book  Commission. 

SEC.  573.  Complete  Series  of  Textbooks.  [Laws  1913,  ch. 
288,  sec.  3.]  The  said  School  Book  Commission  shall,  as  soon 
as  practicable,  adopt,  write,  select,  compile,  or  cause  to  be 
written,  or  compiled,  or  purchase  copyrights  for  a  complete 
series  of  school  textbooks  for  use  in  the  public  schools  in  the 
state  of  Kansas,  or  may  contract  for  the  right  to  publish  any  or 
all  of  such  books  on  the  payment  of  an  agreed  royalty  therefor. 
The  said  series  of  school  textbooks  shall  consist  of  one  spelling 
book;  one  primer;  one  each,  first,  second,  third,  fourth,  and 
fifth  reader;  one  each  elementary,  intermediate  and  advanced 
written  arithmetic ;  one  oral  arithmetic ;  one  each,  elementary 
and  advanced  geography;  one  each,  elementary  and  advanced 
English  grammar;  one  each,  elementary  and  advanced  physi- 
olgy  and  hygiene;  one  history  of  the  United  States;  one  his- 
tory of  the  state  of  Kansas;  one  civil  government  and  consti- 
tution of  the  United  States,  and  of  the  state  of  Kansas;  one 
elements  of  agriculture  and  stock  raising ;  one  system  of  pen- 
manship; textbooks  containing  collection  of  masterpieces  of 
American  and  English  literature,  one  each,  for  the  fifth,  sixth, 
seventh,  and  eighth  grades,  and  such  other  textbooks  as,  in 


CH.  28]  STATE   SCHOOL  BOOK   COMMISSION.  191 

the  judgment  of  the  School  Book  Commission,  may  be  desirable 
to  publish  or  procure  for  use  in  the  public  schools  of  the  state. 

SEC.  574.  Powers  of  Commission.  [Laws  1913,  ch.  288, 
sec.  4.]  The  State  School  Book  Commission  shall  have  the 
power,  and  is  hereby  authorized  to  have  written  or  compiled, 
or  to  purchase  the  several  textbooks,  and  manuscripts  to  be 
used  in  the  public  schools,  and  shall  fix  the  remuneration  of 
authors  and  compilers,  and  compensation  for  other  necessary 
services  in  the  preparation  and  publication  of  said  books.  Said 
State  School  Book  Commission  shall  also  have  the  power  is 
procure  copyrights  for  the  state  of  Kansas  of  any  school  text- 
book, manuscript,  or  subject  matter  thereof,  authorized  by  the 
provisions  of  this  act,  and  to  contract  with  authors  and  pub- 
lishers upon  a  royalty  basis,  upon  an  exclusive  right  to  pub- 
lish and  use  in  the  state  of  Kansas  any  school  textbook  written 
.or  published  by  them.  The  State  School  Book  Commission 
shall  furnish  to  the  state  printer  copy  and  design  for  all  dia- 
grams and  illustrations  to  be  used  in  any  school  textbook 
published  by  the  state  under  the  provisions  of  this  act. 

SEC.  575.  Printing  at  State  Printing  Plant.  [Laws  1913, 
ch.  288,  sec.  5.]  The  printing  of  all  textbooks  published  by  the 
state,  and  provided  for  in  section  3  of  this  act,  and  all  me- 
chanical work  connected  therewith,  shall  be  done  by  and  under 
the  supervision  of  the  state  printer,  at  the  state  printing  plant. 

SEC.  576.  Exclusive  Use  of  Books  Required.  [Laws  1913, 
ch.  288,  sec.  6.]  Whenever  any  one  or  more  of  the  said  text- 
books shall  have  been  authorized  or  published,  the  State  School 
Book  Commission  shall  issue  an  order  requiring  the  exclusive 
use  of  said  book  or  books  in  the  public  schools  of  Kansas,  but 
such  an  order  for  the  exclusive  use  of  such  book  or  books  shall 
not  take  effect  as  to  any  book  or  books  within  a  time  that  shall 
interfere  with  any  present  legal  contracts,  or  legal  adoptions 
heretofore  made  by  the  School  Text  Book  Commission,  or 
under  the  provisions  of  this  act.  Whenever  the  commission 
shall  issue  an  order  requiring  the  exclusive  use  of  any  text- 
books in  the  public  schools  of  this  state  no  public  school  super- 
intendent, principal,  teacher,  or  any  other  public  school  author- 
ity in  this  state  shall  have  the  power  to  use,  or  authorize  the 
use  of  any  book  or  books  for  pupils  other  than  those  directed 
to  be  used  by  order  of  said  commission ;  provided,  that  nothing 
herein  contained  shall  exclude  the  use  of  books  for  reference 
only,  but  such  books  may  be  provided  by  the  school  districts, 
or  local  board  of  education,  in  the  school  libraries,  and  no 
school  patron  shall  be  compelled  to  buy  such  books. 

SEC.  577.  State  Printer  Shall  Furnish  Estimates.  [Laws 
1913,  ch.  288,  sec.  7.]  The  state  printer  shall  furnish  the  State 
School  Book  Commission  a  statement  of  the  cost  of  the  material 
and  labor  required  to  publish  each  book  provided  for  in  this 
act,  and  from  this  statement,  together  with  the  cost  of  copy- 


192  STATE   SCHOOL  BOOK   COMMISSION.  [CH.  28 

rights,  royalties,  authorship,  and  other  necessary  expenses, 
said  commission  shall  fix  maximum  prices,  based  on  the  actual 
cost  of  production  and  distribution,  at  which  said  books  shall  be 
sold  for  cash  only  to  school  patrons  of  this  state,  and  no  school 
textbook  shall  be  sold  at  a  price  in  excess  of  that  fixed  by 
said  School  Book  Commission,  except  as  provided  for  in  sec- 
tion 8  of  this  act. 

SEC.  578.  Purchase  of  Books;  Distributing  Agents.  [Laws 
1913,  ch.  288,  sec.  8.]  It  shall  be  the  duty  of  each  school  district 
board,  and  board  of  education  of  cities  of  the  first  and  second 
class  in  the  state  of  Kansas,  to  provide  a  revolving  fund  for  the 
purpose  of  enabling  the  district  clerks,  or  the  clerks  of  the 
boards  of  education,  to  purchase  for  the  use  of  the  schools 
under  their  control  the  necessary  state  school  textbooks  for 
use  in  said  schools.  The  treasurer  of  each  district  board  and 
each  board  of  education  is  hereby  authorized  and  directed  to 
pay  out  of  said  funds  all  orders  lawfully  drawn  for  the  pur- 
chase of  the  necessary  state  school  textbooks  for  use  in  such 
school  districts,  or  city  schools.  Each  district  clerk,  and  each 
clerk  of  the  board  of  education  shall  replace  the  moneys  paid 
out  of  the  revolving  fund  with  cash  received  by  him  for  the 
books  sold  to  the  patrons  of  said  schools ;  provided,  that  each 
school  district  and  each  city  may  have  the  privilege  of  pro- 
viding the  pupils  in  said  district,  or  city  with  textbooks  free 
of  cost  if  so  authorized  by  majority  vote  of  the  qualified  elec- 
tors in  such  city  or  school  district  voting  at  an  election  held 
for  the  purpose  of  determining  how  the  books  shall  be  dis- 
tributed, and  provided,  whenever,  and  so  often  as  any  educa- 
tional institution  in  this  state  shall  adopt  textbooks  published 
under  this  act,  such  institution  for  all  purposes  of  purchase  and 
distribution  of  such  books  shall  be  deemed  as  included  in  the 
term  public  schools  as  used  herein ;  provided  further,  that  the 
district  board  of  any  district,  or  the  board  of  education  of 
any  city  may  designate  a  dealer  or  dealers  in  said  school  books, 
who  shall  be  authorized  to  act  as  distributing  agents  for  said 
school  district,  or  city,  in  which  case  the  said  dealer  or  dealers 
shall  be  allowed  a  commission  of  ten  per  cent  on  the  cost  price 
of  the  books  as  authorized  by  the  School  Book  Commission, 
which  commission  shall  be  added  to  the  cost  price,  provided, 
however,  that  the  said  dealers  shall  purchase  the  books  out- 
right from  the  state,  and  no  book  shall  be  furnished  to  such 
dealer  except  upon  the  payment  of  cash  in  hand. 

SEC.  579.  Requisition;  Payments.  [Laws  1913,  ch.  288, 
sec.  9.]  If  the  district  board  or  board  of  education  desires 
to  deal  directly  with  the  School  Book  Commission  instead  of 
through  authorized  agents,  they  shall,  through  the  district 
clerk  or  the  clerk  of  the  board  of  education,  on  or  before  the 
first  day  of  July  in  each  year,  make  upon  the  secretary  of 
said  School  Book  Commission  requisition  for  such  books  as 
such  schools  may  require,  based  upon  a  careful  estimate  for 


CH.  28]  STATE   SCHOOL  BOOK   COMMISSION.  193 

the  ensuing  school  year;  provided,  that  subsequent  requisitions 
may  be  made  from  time  to  time  during  the  school  year  for 
such  additional  books  as  may  be  needed.  All  requisitions  shall 
be  accompanied  by  cash  payments  in  full.  The  said  school 
textbooks  so  procured  shall  be  sold  to  school  districts  or 
authorized  dealers  for  cash  at  prices  not  in  excess  of  those 
authorized  by  the  State  School  Book  Commission,  except  as 
provided  in  section  8  of  this  act,  or  the  books  may  be  fur- 
nished free  or  loaned  to  pupils,  as  may  be  determined  by  the 
electors  in  such  city  or  districts.  On  requisition  being  made 
the  secretary  shall  ship  the  books,  carriage  prepaid,  to  the 
railroad  station  nearest  to  their  destination.  All  requisitions 
for  books  by  district  clerks,  clerks  of  boards  of  education  and 
dealers  shall  be  accompanied  by  an  amount  of  money  sufficient 
to  pay  for  the  same  at  the  prices  fixed  therefor,  but  the  State 
School  Book  Commission  and  the  secretary  shall  ship  no  books 
unless  he  shall  have  received  from  the  district  clerk,  clerk  of 
the  board  of  education  or  authorized  dealers  the  full  amount 
therefor  at  the  established  price;  provided,  that  the  president 
of  the  State  Normal  School  and  the  heads  of  other  state  edu- 
cational institutions  or  of  other  educational  institutions  deemed 
to  be  included  as  public  schools  under  section  8  of  this  act 
shall,  upon  the  same  conditions  as  to  payment,  make  like 
requisitions  upon  the  secretary  for  books  for  use  in  the  schools 
under  their  supervision.  It  shall  be  the  duty  of  the  secretary  to 
report  to  the  state  auditor,  on  or  before  the  tenth  day  of  each 
month,  the  number  of  books,  as  nearly  as  can  be ,  ascertained, 
sold  by  him  during  the  preceding  month  and  to  pay  daily  the 
money  received  for  the  same  into  the  state  treasury.  All 
moneys  received  by  the  state  treasurer  under  the  provisions 
of  this  act  shall  be  kept  by  him  in  a  separate  fund,  to  be 
known  as  'The  State  School  Book  Fund,"  and  shall  be  used  as 
a  revolving  fund  by  said  commission  for  the  purchase  of  ma- 
terial, payment  of  labor,  royalties,  copyrights  and  all  other 
expenses  incurred  in  the  purchase  or  publication  and  distribu- 
tion of  school  books  as  provided  in  this  act. 

SEC.  580.  Application  of  Dealer;  Agreement.  [Laws  1913, 
ch.  288,  sec.  10.]  Any  retail  dealer  who  has  been  designated  as 
purchasing  and  distributing  agent  by  any  school  district  board 
or  board  of  education,  shall  make  application  to  the  secretary 
of  the  School  Book  Commission,  accompanied  by  an  agreement 
duly  executed,  which  shall  be  in  substance  as  follows  : 

"In  consideration  of  having  been  designated  as  purchasing 

and  distributing  agent  for  school  district  No. or  for  the 

city  of  and  of  receiving  for  sale  on  the  enclosed 

order  or  upon  any  future  order,  the  state  series  of  school 
books,  or  any  part  thereof,  provided  by  the  State  School 
Book  Commission  of  Kansas,  I  hereby  agree  that  I  will  not 
sell  said  state  series  of  school  textbooks,  or  any  part  thereof, 

-7 


194  STATE   SCHOOL  BOOK   COMMISSION.  [CH.  28 

at  a  price  exceeding  ten  per  cent  above  the  price  established 
by  the  said  State  School  Book  Commission." 

Said  agreement  shall  be  endorsed  by  the  county  superin- 
tendent of  public  instruction  in  the  following  words,  to  wit : 

"I  hereby  certify,  that is  a  regular 

retail  dealer  in  books  in  county,  and 

has  been  authorized  to  act  as  purchasing  and  distributing 
agent  for  school  district  No. ,  or  by  the  board  of  educa- 
tion of  the  city  of ." 

SEC.  581.  State  Superintendent  to  Furnish  Copies  of  Agree- 
ment and  Price  Lists.  [Laws  1913,  ch.  288,  sec.  11.]  It  shall 
be  the  duty  of  the  state  superintendent  of  public  instruction 
to  furnish  to  each  county  superintendent  of  public  instruction 
and  each  superintendent  of  schools  in  cities  of  the  first  and 
second  class,  for  the  use  of  any  retail  dealer  in  his  county 
or  city  who  may  apply  for  permission  to  sell  the  books  of  the 
state  series,  printed  copies  of  the  above  agreement  together 
with  lists  of  maximum  prices  of  such  books  as  fixed  by  the 
State  School  Book  Commission.  And  any  dealer  who  shall  fail, 
neglect  or  refuse  to  comply  with  the  condition  of  such  agree- 
ment shall  forfeit  his  right  to  any  further  purchases  of  said 
school  books  from  the  state. 

SEC.  582.  Appropriation  for  Ground,  Buildings,  Equipment 
and  Expenses.  [Laws  1913,  ch.  288,  sec.  12.]  The  sum  of 
one  hundred  and  fifty  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary  is  hereby  appropriated  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated,  to  purchase  the 
necessary  grounds  upon  which  to  erect  and  for  the  erection 
of  additional  building  or  buildings  or  an  addition  to  the  present 
state  printing  plant,  and  for  the  purchase  of  necessary  ma- 
chinery, presses,  type,  electrotyping  apparatus,  and  such  other 
appliances  and  equipment  as  may  be  required  in  the  manufac- 
ture of  the  school  textbooks  provided  for  in  this  act.  If  the 
School  Book  Commission  is  unable  to  purchase  the  necessary 
ground  on  which  to  erect  the  necessary  additional  building  or 
buildings,  it  is  hereby  authorized  to  proceed  to  institute  con- 
demnation proceedings  and  to  condemn  and  appropriate  such 
land  as  is  necessary.  Such  proceedings  may  be  initiated  and 
carried  to  completion  as  nearly  as  may  be,  in  the  mode  provided 
by  article  9,  chapter  23,  of  the  Statutes  of  1909.  There  is  also 
appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  the  sum  of  fifty  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  to  pay  authors,  artists,  com- 
pilers, stenographers,  and  to  purchase  copyrights  and  plates, 
and  other  supplies,  as  provided  in  this  act.  There  is  also  ap- 
propriated out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  twenty-five  thousand  dollars  as  a 
revolving  fund  for  the  purchase  of  paper,  printers'  and  binders' 
material,  to  pay  for  labor,  and  the  secretary  of  the  State  School 


CH.  28]  STATE   SCHOOL  BOOK   COMMISSION.  195 

Book  Commission  shall  replace  the  moneys  paid  out  of  the 
revolving  fund  with  cash  received  by  him  for  books  sold.  There 
is  also  appropriated,  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  the  sum  of  two  thousand  dollars 
as  a  contingent  fund,  to  cover  postage,  express,  freight,  stenog- 
raphers and  other  necessary  expenses  of  the  office  of  the  secre- 
tary of  the  State  School  Book  Commission  for  the  year  ending 
June  30,  1914,  and  two  thousand  dollars  for  similar  purposes 
for  the  year  ending  June  30,  1915.  There  is  also  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated, the  sum  of  five  hundred  dollars  to  pay  the  salary  of 
the  secretary  of  the  State  School  Book  Commission  for  the 
quarter  ending  June  30,  1913,  and  twenty  hundred  dollars  for 
the  year  ending  June  30,  1914,  and  twenty  hundred  dollars  for 
the  year  ending  June  30,  1915;  said  secretary's  term  of  office 
to  begin  on  April  1,  1913.  There  is  also  appropriated  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  the 
sum  of  fifteen  hundred  dollars  to  pay  the  necessary  expenses 
of  the  said  commission.  The  term  of  office  of  the  members 
of  the  State  School  Book  Commission  shall  begin  April  1,  1913. 
The  state  auditor  is  hereby  authorized  to  draw  warrants  on 
the  state  treasurer  for  the  above  amounts  in  the  manner  pro- 
vided by  law,  upon  duly  verified  vouchers  approved  by  the 
chairman  of  said  commission.  The  Executive  Council  shall  pro- 
vide an  office  and  such  office  furniture  and  fixtures  as  may  be 
necessary  to  properly  equip  the  office  of  the  secretary  of  the 
State  School  Book  Commission. 

SEC.  583.  Penalty  for  Increase  in  Price  and  Use  of  Other 
Books.  [Laws  1913,  ch.  288,  sec.  13.]  Any  person  or  persons 
who  shall  directly  or  indirectly  demand  or  receive  money  or 
anything  of  value  for  any  book  or  books  provided  for  in  this 
act  in  excess  of  the  price  fixed  by  the  State  School  Book  Com- 
mission, except  the  ten  per  cent  hereinbefore  provided  for 
retail  dealers,  and  any  member  or  members  of  any  District 
board  or  board  of  education,  or  any  superintendent,  principal, 
or  teacher  of  any  public  school  in  the  state,  who  shall  adopt, 
use  or  procure  to  be  used  in  any  public  school  in  the  state,  in 
the  same  branch,  any  other  textbook  or  books  than  are  pro- 
vided for  in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  in  any  court  of  competent  jurisdiction, 
shall  be  punished  by  fine  in  any  sum  not  less  than  twenty-five 
dollars  or  more  than  one  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  to  exceed  ninety  days,  or  by  both  such 
fine  and  imprisonment. 

SEC    584.    Penalty  for  Violation  by  Members  of  Commis- 
sion.    [Laws  1913,  ch.  288,  sec.  14.]     Any  member  of  the 
State  School  Book  Commission  herein  established,  violatr 
any  provision  of  this  act  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  punished  by  fine  in  any  sum  not  less 


196 


SCHOOL   TEXT-BOOK   COMMISSION. 


[CH.  28 


than  one  hundred  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  a  term  of  not  less 
than  thirty  days  nor  more  than  one  year,  or  by  both  such  fine 
and  imprisonment. 


ARTICLE  II. — SCHOOL  TEXT-BOOK   COMMISSION. 

This  article  contains  the  original  state  uniformity  text-book  law  of  1897,  as  amended  by 
legislatures  of  1898,  1899,  1907,  and  1911,  reprinted  from  the  school  laws  of  19.11. 
Such  parts  of  this  act  as  are  not  in  conflict  with  the  preceding  article,  sections  571  to  584 
inclusive,  of  this  book,  are  still  in  force. 

§585.  Commission;  compensation. 

586.  Term. 

587.  Meetings.      (See,   also,    §  572.) 

588.  Texts  to  be  adopted. 

589.  Bids,    how   submitted. 

590.  Open   bids. 

591.  Secretary. 

592.  May  consider  manuscripts. 

593.  State  not  liable. 

594.  Proclamation. 

595.  Dealers  to  establish  agencies. 

596.  Estimates. 

597.  District  ownership. 

598.  Violation  of  contract. 

599.  Term  of  contract. 

600.  Blanks. 

601.  Advertise  for  bids. 


§602.  Special  meetings. 

603.  Vacancy. 

604.  Oath. 

605.  Penalties. 

606.  Basic  text-books  not  to  be  excluded. 

607.  Commission;  penalty  for  violation. 

608.  Appropriation. 

609.  Additional  texts. 

610.  Prices. 

611.  Advertising  for  bids,   etc.  . 

612.  Unlawful  to  sell. 

613.  Penalty. 

614.  Maps,   globes,   charts,   and  other   ap- 

paratus. 

615.  Penalties. 

616.  Meetings.      (See,   also,   §544.) 


SECTION  585.  Commission.  [7810.]  That  for  the  purpose 
of  carrying  out  the  provisions  of  this  act  there  is  hereby 
created  a  School  Text-book  Commission  consisting  of  eight 
members,  to  be  appointed  by  the  governor,  by  and  with  the 
consent  of  the  senate;  provided,  that  not  more  than  five  of 
whom  shall  be  selected  from  any  one  political  party,  who  shall 
receive  as  their  only  compensation  the  sum  of  five  dollars  for 
each  day's  actual  service  at  any  regular  or  special  session,  and 
actual  expenses  in  going  to  and  returning  from  any  meeting 
herein  provided  for;  and  the  state  superintendent  of  public 
instruction  shall  be  ex  officio  chairman  of  said  School  Text- 
book Commission,  with  the  right  to  vote  upon  any  and  all 
propositions;  provided,  that  no  per  diem  shall  be  allowed  to 
any  member  of  this  commission  who  shall  at  the  time  of  service 
thereon  be  receiving  a  stated  salary  from  this  state  or  from 
any  county  or  city  therein.  (Laws  1907,  ch.  328,  sec.  1.) 

SEC.  586.  Term.  [7811.]  The  term  of  office  of  this  com- 
mission shall  be  four  years  from  the  first  Monday  in  April, 
1897,  and  at  the  expiration  of  said  term  of  office,  and  each 
succeeding  term,  the  governor  shall  appoint,  by  and  with  the 
consent  of  the  senate,  suitable  persons  members  of  this  com- 
mission. And  on  the  first  Monday  in  May  prior  to  the  ter- 
mination of  any  contract  for  the  furnishing  of  text-books  to 
the  people  of  this  state  under  this  act,  or  upon  the  termina- 
tion of  any  such  contract  or  contracts,  said  commission  shall 
have  power,  and  it  is  hereby  authorized  and  made  the  duty 
of  said  commission,  to  make  new  contract  or  contracts,  or  to 
relet  any  old  contract  or  contracts  for  the  furnishing  of  text- 
books as  provided- for  in  this  act,  and  such  commission  shall 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  197 

succeed  to  all  the  powers,  duties  and  obligations  of  the  origi- 
nal commission.     (Laws  1898,  ch.  31,  sec.  1.) 

SEC.  587.  Meetings.  [7812.]  The  time  of  meeting  for  the 
commission  herein  provided  for  shall  be  the  first  Monday  in 
May,  1897,  and  at  such  other  times  as  hereinafter  provided 
for.  (Laws  1897,  ch.  179,  sec.  3.) 

SEC.  588.  Texts  to  be  Adopted.  [7813.]  The  School  Text- 
book Commission  herein  provided  for  shall  be  empowered 
and  it  is  hereby  authorized  to  select  and  adopt  a  uniform 
series  of  school  text-books  for  use  in  the  public  schools  of  the 
state  of  Kansas,  in  the  following-named  branches,  to  wit: 
Spelling,  reading,  arithmetic,  geography,  English  grammar, 
physiology  and  hygiene,  history  of  the  United  States,  civil 
government,  elements  of  algebra  and  physical  geography, 
elements  of  natural  philosophy,  bookkeeping,  and  a  graded 
series  of  writing-books;  provided,  that  the  matter  contained 
in  the  subject  of  reading  shall  consist  of  lessons  commencing 
with  the  simplest  expressions  of  English,  through  the  regular 
gradation  of  lessons  up  to  and  including  the  highest  style  of 
both  poetry  and  prose;  providing,  that  no  text-book  shall  be 
adopted  by  this  commission  that  does  not  equal  in  quality  of 
matter,  material,  binding  and  mechanical  execution,  and  ap- 
proximately equal  in  size,  the  following  text-books  in  general 
use,  namely:  The  speller  to  McGuffey's  New  Speller,  the 
readers  to  McGuffey's  Readers,  the  arithmetic  to  White's 
series  of  Arithmetic,  the  geographies  to  Rand  &  McNally's 
Geography,  the  grammar  to  Reed  and  Kellogg's  Grammars, 
the  histories  to  Barnes's  School  Histories,  the  physiology  to 
Steel's  Physiology,  the  civil  government  to  Thummel's  Gov- 
ernment of  the  United  States  with  Kansas  addendum,  ele- 
mentary algebra  to  Ray's  Algebra,  physical  geography  to  Rand 
&  McNally's  Physical  Geography,  elements  of  natural  philoso- 
phy to  Steel's  Fourteen  Weeks  in  Philosophy,  bookkeeping  to 
Bryant  &  Stratton's  graded  series,  mental  arithmetic  to 
Bailey's  Mental  Arithmetic,  and  writing  to  the  Eclectic  Copy- 
book ;  provided,  that  no  text-book  shall  be  adopted  that  contains 
anything  of  a  partizan  or  sectarian  character.  (Laws  1897, 
ch.  179,  sec.  4.) 

SEC.  589.  Bids;  How  Submitted.  [7814.]  Any  person,  com- 
pany or  corporation  desiring  to  make  any  bid  or  bids  upon 
any  of  the  matters  provided  for  in  this  act  shall  submit  the 
same  in  writing,  together  with  'an  unconditional  certified 
check  for  $1000  payable  to  the  chairman  of  the  commission, 
to  be  forfeited  to  the  state  if  such  party  shall  fail  to  enter 
into  proper  bond  and  make  the  required  contract  if  awarded 
to  him,  carefully  sealed  and  addressed  to  the  chairman  of  the 
School  Text-book  Commission,  Topeka,  Kan.,  and  said  chair- 
man shall  preserve  the  same,  unopened,  until  the  time  of  meet- 
ing of  said  commission.  (Laws  1897,  ch.  179,  sec.  5.) 


198  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

SEC.  590.  Open  Bids.  [7815.]  At  the  first  meeting  of  this 
commission,  it  shall  receive  and  open  all  sealed  bids  and  propo- 
sitions on  the  following  matters :  First,  from  the  publisher  or 
publishers  of  school  text-books  for  furnishing  to  the  people  of 
the  state  of  Kansas,  for  use  in  the  public  schools  of  this  state 
as  provided  for  in  this  act,  for  a  term  of  five  years,  commencing 
September  1,  1897,  each  bid  stating  specifically  the  price  at 
which  each  book  is  to  be  furnished,  and  to  be  accompanied  by  a 
specimen  copy  of  each  book  to  be  furnished  in  such  bid.  Sec- 
ond, from  any  author  or  authors  of  school  text-books  who  have 
manuscript  of  books  not  published  for  the  price  at  which  they 
will  sell  their  manuscript,  properly  prepared  for  printer's 
copy,  together  with  the  copyright  of  such  books,  for  use  in 
the  public  schools  of  this  state.  Third,  From  persons  who  are 
willing  to  undertake  the  compilation  of  a  book  or  books  or 
series  of  books  provided  for  in  section  4  of  this  act,167  the  price 
at  which  they  are  willing  to  undertake  said  compilation  of  any 
or  all  of  such  books  to  the  satisfaction  of  said  commission ;  pro- 
vided, that  any  and  all  bids  by  publishers  herein  provided  for 
must  be  accompanied  by  a  bond  in  the  penal  sum  of  $50,000, 
with  resident  freehold  sureties  to  be  approved  by  the  Execu- 
tive Council  of  this  state,  conditioned  that  if  any  contract  be 
awarded  to  any  bidder  thereunder,  such  bidder  will  enter  into 
a  contract  to  and  perform  the  conditions  of  his  bid  to  the  ac- 
ceptance and  satisfaction  of  said  commission;  and  provided 
further,  that  no  bid  shall  be  considered  unless  the  same  shall 
be  accompanied  by  an  affidavit  of  the  bidder  that  he  is  in  no 
wise,  directly  or  indirectly,  connected  with  any  other  publisher 
or  firm  who  is  now  bidding  for  books  or  manuscript  submitted 
to  said  commission,  nor  has  any  pecuniary  interest  in  any  other 
publisher  or  firm  bidding  at  the  same  time,  and  that  he  is  not  a 
party  to  any  contract,  compact,  syndicate  or  other  scheme,  in 
regard  to  exchange  of  books,  division  of  territory,  or  discount 
to  dealers,  whereby  the  benefits  of  competition  are  denied  to 
the  people  of  this  state,  and  said  commission  shall  have  the 
right  to  reject  any  and  all  bids,  and  at  their  option  shall  have 
the  right  to  reject  any  bid  as  to  part  of  such  books  and  to  ac- 
cept the  same  as  to  the  residue  thereof.  At  the  meeting  of  said 
commission  provided  for  in  section  3  of  this  act,168  said  com- 
mission shall  open  and  examine  all  sealed  bids  or  propositions 
received  pursuant  to  the  provisions  of  this  act;  and  it  shall 
further  be  the  duty  of  said  commission  to  make  a  full,  complete 
and  thorough  investigation  of  all  such  bids,  restrictions,  and 
propositions,  and  to  ascertain  under  which  such  proposition  or 
propositions  the  school  text-books  hereinbefore  provided  for 
could  be  furnished  to  the  people  of  this  state  for  use  in  the 

167.  Section  588  of  this  book. 

168.  Section  587  of  this  book.     (See,  also,  section  616.) 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  199 

public  schools  at  the  lowest  price,  taking  into  consideration  the 
size  and  quality  as  to  matter,  material,  binding  and  mechanical 
execution  of  such  books;  provided,  always,  that  such  commis- 
sion shall  not,  in  any  case,  contract  with  any  author,  publisher 
or  publishers  for  the  furnishing  of  any  book,  manuscript,  or 
copyright  of  books  which  are  to  be  sold  to  the  people  of  this 
state  for  use  in  the  public  school  at  a  price  above  or  in  excess 
of  the  following,  which  price  shall  include  all  costs  and  charges 
for  packing,  transportation  and  delivery  to  the  several  places 
hereinafter  named  in  this  state  namely:  For  the  spelling- 
book,  10  cents;  for  the  first  reader,  10  cents;  for  the  second 
reader,  17  cents ;  for  the  third  reader,  23  cents ;  for  the  fourth 
reader,  30  cents ;  for  the  fifth  reader,  40  cents ;  for  the  mental 
arithmetic,  20  cents ;  for  the  intermediate  arithmetic,  25  cents ; 
for  the  complete  arithmetic,  35  cents ;  for  the  elementary  geog- 
raphy, 30  cents ;  for  the  complete  geography,  75  cents ;  for  the 
English  grammar,  elementary,  20  cents;  complete  grammar, 
35  cents ;  physiology  and  hygiene,  50  cents ;  for  history  of  the 
United  States,  50  cents ;  for  elements  of  natural  philosophy,  50 
cents ;  for  civil  government,  40  cents ;  for  elementary  algebra, 
50  cents;  for  physical  geography,  80  cents;  for  bookkeeping, 
40  cents;  writing-books,  5  cents  each;  and  any  school-book 
company,  person  or  firm,  who  shall  contract  to  furnish  the  pub- 
lic schools  of  the  state  of  Kansas  with  school-books  under  the 
provisions  of  this  act,  shall  upon  application  of  any  school  dis- 
trict within  one  year  after  the  acceptance  of  the  bid,  take  up 
the  books  now  in  use,  and  they  shall  exchange  the  new  books  at 
not  more  than  50  per  cent  of  the  maximum  prices  fixed  by  the 
provisions  of  this  act;  provided,  that  any  school  district  or 
county  that  is  now  operating  under  a  contract  shall  have  the 
right  to  exchange,  on  the  same  terms,  books  for  one  year  from 
the  expiration  of  said  contract.  (Laws  1897,  ch.  179,  sec.  6.) 
SEC.  591.  Secretary.  [7816.]  At  the  first  meeting  of  the 
members  of  this  commission  they  shall  select  one  of  their 
number  secretary,  whose  duty  it  shall  be  to  keep  a  correct 
record  of  all  proceedings,  votes,  and  actions  of  this  commis- 
sion, which  said  records  shall  be  deposited  in  the  office  of  the 
state  superintendent  of  public  instruction  at  all  times  when 
raid  commission  is  not  in  session.  All  votes  upon  any  propo- 
sition submitted  to  this  commission  shall  be  yea  and  nay,  and 
recorded  on  the  journal  of  the  day's  proceedings.  No  person, 
except  members  of  this  commission,  shall  be  present  at  or 
cognizant  of  any  proceedings  of  this  commission,  during  any 
time  that  it  is  in  session,  and  no  member  of  this  commission 
shall,  during  any  meetings  of  this  commission,  give  any  in- 
formation to  any  person  or  persons  concerning  any  business 
transacted,  or  in  course  of  transaction  at  any  session  of  this 
commission,  until  after  all  the  business,  of  the  session  is  con- 
cluded. At  the  close  of  each  session  of  this  commission  the 


200  SCHOOL  TEXT-BOOK   COMMISSION.  [CH.  28 

proceedings  thereof  shall  be  published  in  pamphlet  form  for 
general  distribution  among  the  people  of  this  state.  (Laws 
1897,  ch.  179,  sec.  7.) 

SEC.  592.  May  Consider  Manuscripts.  [7817.]  If,  upon  the 
examination  of  bids  and  propositions,  no  publisher  or  pub- 
lishers of  school  text-books  has  bid  within  the  provisions  of  this 
act  for  furnishing  the  school  text-books  for  use  in  the  public 
schools  of  this  state,  as  provided  for  in  this  act,  then  said  com- 
mission is  empowered  and  is  hereby  authorized  to  procure  such 
manuscript,  copyrights  and  propositions  for  the  compilation 
of  school  text-books,  as  provided  for  in  this  act,  as  will  supply 
the  schools  of  this  state,  and  advertise  for  sealed  bids  for 
publishing  the  same,  and  supplying  them  under  the  terms 
herein  prescribed  for  publishers,  and  said  contract  may  be  let 
for  the  publication  of  all  such  books,  or  for  one  or  more  of 
such  books  separately.  And  it  shall  further  be  the  duty  of  said 
commission  to  provide  in  the  contract  for  the  publication  of 
any  manuscript,  for  the  payment,  by  the  publisher,  of  the 
compensation  agreed  upon  between  such  commission  and  the 
author  or  owner  of  any  such  manuscript,  for  such  manuscript. 
(Laws  1897,  ch.  179,  sec.  8.) 

SEC.  593.  State  Not  Liable.  [7818.]  It  shall  be  a  part  of 
the  terms  and  conditions  of  any  contract  made  in  pursuance 
of  this  act,  that  the  state  of  Kansas  shall  not  be  liable  to  any 
contractor  or  contractors  for  any  sum  of  money  whatever, 
but  that  all  such  contractors  shall  receive  their  pay  and  com- 
pensation solely  and  exclusively  from  the  proceeds  of  the  sale 
of  the  book  or  books  provided  for  in  this  act.  (Laws  1897, 
ch.  179,  sec.  9.) 

SEC.  594.  Proclamation.  [7819.]  As  soon  as  such  commis- 
sion shall  have  entered  into  any  contract  for  the  furnishing  of 
text-books  for  use  in  the  public  schools  of  this  state,  pursuant 
to  the  provisions  of  this  act,  the  state  superintendent  of  public 
instruction  shall  notify  the  governor  of  such  fact,  and  it  shall 
be  the  duty  of  the  governor  to  issue  his  proclamation  an- 
nouncing such  fact  to  the  people  of  the  state,  and  immediately 
after  the  issuing  of  such  proclamation  by  the  governor  it  shall 
be  the  duty  of  the  state  superintendent  of  public  instruction 
to  notify  the  county  superintendents  of  the  various  counties  of 
this  state  of  the  books  agreed  upon  and  selected,  together  with 
the  contract  prices  thereof.  (Laws  1897,  ch.  179,  sec.  10.) 

SEC.  595.  Dealers  to  Establish  Agencies.  [7820.]  Within 
thirty  days  after  the  issuing  of  the  proclamation  by  the  gov- 
ernor of  this  state  provided  for  in  this  act,  any  person,  persons, 
company  or  corporation,  having  contracted  for  the  furnishing 
of  school  text-books  to  the  people  of  this  state  for  use  in  the 
public  schools  thereof,  shall  arrange  with  at  least  one  dealer 
or  agent  at  the  county  seat  in  each  county  of  this  state,  and  in 
each  city  of  the  first,  second  and  third  class  in  this  state,  for 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  201 

the  handling,  sale  and  exchange  of  the  school-books  provided 
for  in  this  act.161'  Such  dealer  or  agent  shall  be  allowed  to 
charge  the  people  of  this  state  a  commission  not  exceeding 
ten  per  cent  on  the  contract  price  established  in  this  act  for 
the  handling  and  sale  of  such  books;  provided,  that  any  per- 
son, company  or  corporation  having  a  contract  under  the  pro- 
visions of  this  act  shall  be  required  to  furnish  books  to  any 
citizen  or  school  district  in  Kansas  at  the  same  price  and  on 
the  same  terms  as  provided  for  the  furnishing  of  such  books 
to  dealers  or  agents  in  cash  orders  of  not  less  than  ten  dollars 
each,  and  deliver  the  same  at  any  railroad  station  in  Kansas 
mentioned  in  such  order.  (Laws  1909,  ch.  68,  sec.  1.) 

SEC.  596.  Estimates.  [7821.]  At  the  annual  school  meeting 
to  be  held  in  the  various  school  districts  in  this  state  in  1897, 
and  at  each  annual  meeting  thereafter,  and  at  the  meeting  of 
the  board  of  education  of  cities  of  the  first  or  second  class,  an 
estimate  shall  be  made  of  the  number  of  school  text-books 
needed  in  each  of  said  schools  for  the  term  next  commencing 
therein,  and  the  clerk  of  each  school  district,  and  the  clerk  of 
the  board  of  education  in  each  city  of  the  first  or  second  class, 
shall  report  the  same  to  the  county  superintendent  of  public 
instruction  immediately,  and  not  later  than  the  1st  day  of 
August  next  thereafter;  and  the  county  superintendent  of 
public  instruction  shall,  as  soon  as  possible,  and  not  later  than 
August  10  of  each  year,  and  oftener  if  the  necessity  of  the 
schools  require  it,  make  out  his  requisition  from  the  reports 
so  received,  and  from  other  sources,  and  send  it  to  the  school- 
book  publisher  or  publishers  having  contracts  under  the  pro- 
visions of  this  act,  stating  therein  the  number  of  books  of  each 
kind  needed  for  the  schools  of  such  county.  (Laws  1897, 
ch.  179,  sec.  12.) 

SEC.  597.  District  Ownership.  [7822.]  At  any  annual  school 
meeting  of  any  school  district  in  this  state,  or  at  any  regular 
election  in  cities  of  the  first  or  second  class,  a  proposal  may 
be  submitted  to  the  district  or  city  of  the  first  or  second  class, 
as  the  case  may  be,  to  purchase,  own  and  furnish  school  text- 
books as  provided  for  in  this  act  for  use  in  the  public  schools 
thereof,  free  of  charge  to  the  pupils  of  said  school  district,  or 
cities  of  the  first  or  second  class ;  and  if  it  shall  be  found  that 
a  majority  of  the  legal  electors  in  said  school  district  or  city 
of  the  first  or  second  class  shall  have  voted  in  favor  of  district 
ownership,  then  it  shall  become  the  duty  of  the  school  board 
or  board  of  education  in  cities  of  the  first  and  second  class  to 
purchase,  furnish  and  supply  the  pupils  of  the  said  district 
or  city  of  the  first  or  second  class,  under  such  provisions  and 
regulations  as  may  be  prescribed  by  the  school-district  board, 

169.  The  contractor  is  required  to  consign  the  books  to  such  agencies. 
The  law  does  not  require  the  agent  to  purchase  the  books  from  the  con-- 
tractor, but  he  is  to  hold  the  same  on  consignment. 


202  SCHOOL  TEXT-BOOK   COMMISSION.  [CH.  28 

or  board  of  education  in  cities  of  the  first  or  second  class,  such 
text-books  as  may  be  found  necessary,  as  provided  for  in  this 
act ;  and  for  the  purpose  of  carrying  out  the  provisions  of  this 
section  the  school  board  and  the  board  of  education  of  cities  of 
the  first  or  second  class  are  hereby  empowered  to  pay  for  the 
same  out  of  any  incidental  funds  in  their  hands  belonging  to 
such  district  or  city.  (Laws  1909,  ch.  216,  sec.  1.) 

SEC.  598.  Violation  o/  Contract.  [7823.]  Upon  the  filing 
of  a  written  complaint  with  the  state  superintendent  of  public 
instruction,  by  the  county  superintendent  of  public  instruction 
of  any  county  in  this  state,  or  superintendent  of  schools  of 
any  city  of  the  first  or  second  class,  charging  any  publisher 
or  publishers,  person,  company  or  corporation  with  violating 
the  conditions  of  said  contract  as  is  provided  for  in  this  act, 
the  attorney-general  is  hereby  instructed,  and  it  shall  be  his 
duty,  to  investigate  the  same,  and  if  he  finds  probable  cause 
for  action,  he  shall  immediately  begin  proceedings  in  the  name 
of  the  state  to  enforce  the  penalties  of  the  bond  or  bonds  pro- 
vided for  in  this  act ;  provided,  that  in  all  actions  brought  by 
the  attorney-general  under  the  provisions  of  this  act  no  se- 
curity for  costs  shall  be  required.  (Laws  1897,  ch.  179, 
sec.  14.) 

SEC.  599.  Term  of  Contract.  [7824.]  Every  contract  with 
any  person,  company  or  corporation,  publisher  or  publishers 
of  the  school  text-books  for  use  in  the  schools  of  this  state  shall 
be  for  five  years  from  the  date  thereof;  and  no  school-district 
board  or  board  of  education  of  any  city  of  the  first  or  second 
class  shall  adopt,  use,  or  permit  to  be  used  any  other  school 
text-books  than  those  provided  for  in  this  act ;  provided,  that 
nothing  herein  contained  shall  be  construed  to  prevent  the 
teachers  and  pupils  of  this  state  from  using  any  school  text- 
book other  than  those  provided  for  in  this  act  as  reference 
books  in  such  schools;  and  provided  further,  that  nothing 
herein  contained  shall  be  construed  to  apply  to  the  use  of 
school  books  in  branches  other  than  those  mentioned  in  this 
act,  nor  shall  anything  herein  be  construed  to  apply  to  coun- 
ties now  under  contract  for  county  uniformity  of  text-books, 
until  said  contract  or  contracts  shall  have  expired,  or  with 
school  districts  or  cities  of  the  first  or  second  class  having 
such  contract  until  such  contract  shall  have  expired  according 
to  the  terms  which  have  been  agreed  to  in  writing ;  and  pro- 
vided, at  the  expiration  of  such  contracts  such  counties,  school 
districts  and  cities  of  the  first  or  second  class  shall  thereafter 
be  governed  by  the  provisions  of  this  act.  (Laws  1897,  ch. 
179,  sec.  15.) 

SEC.  600.  Blanks.  [7825.]  It  shall  be  the  duty  of  the  at- 
torney-general of  the  state  to  furnish  blank  contracts  to  the 
state  superintendent  of  public  instruction  for  the  purpose  of 
carrying  out  the  provisions  of  this  act.  (Laws  1897,  ch.  179, 
sec.  16.) 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  203 

SEC.  601.  Advertise  for  Bids.  [7826.]  It  shall  be  the  duty 
of  the  superintendent  of  public  instruction  of  this  state,  so 
soon  as  this  law  goes  into  effect,  to  advertise  in  the  official 
state  paper,  for  at  least  four  consecutive  weeks,  for  bids  and 
proposals  as  provided  for  in  section  5  of  this  act.170  (Laws 
1897,  ch.  179,  sec.  17.) 

SEC.  602.  Special  Meetings.  [7827.]  Special  meetings  of 
this  commission  may  be  held  at  any  time  on  the  call  of  the 
state  superintendent  of  public  instruction;  provided,  that 
the  first  session  of  this  commission  shall  not  continue  longer 
than  ten  days,  and  no  special  session  any  longer  than  four 
days.  (Laws  1897,  ch.  179,  sec.  18.) 

SEC.  603.  Vacancy.  [7828.]  If  any  member  of  this  com- 
mission should  die,  or  resign,  or  become  in  any  way  incapaci- 
tated for  serving  on  such  commission,  the  vacancy  thereby 
created  shall  be  filled  by  appointment  made  by  the  governor 
of  the  state;  provided,  that  such  vacancy  always  shall  be  filled 
from  the  same  political  party  to  which  the  person  so  removed 
belonged.  (Laws  1897,  ch.  179,  sec.  19.) 

SEC.  604.  Oath.  [7829.]  No  member  of  this  commission 
shall  enter  upon  the  discharge  of  his  duties,  until  he  has  taken 
and  subscribed  to  an  oath  to  support  the  constitution  of  the 
United  States,  the  constitution  of  the  state  of  Kansas,  and 
honestly  and  faithfully  fulfil  and  discharge  the  duties  of  his 
office  according  to  law.  (Laws  1897,  ch.  179,  sec.  20.) 

SEC.  605.  Penalties.  [7830.]  Any  person,  or  persons,  who 
shall  directly  or  indirectly  demand  or  receive  any  money, 
promise,  or  any  other  thing  of  value  for  any  book  or  books 
provided  for  in  this  act,  in  excess  of  the  contract  price,  to- 
gether with  ten  per  cent  herein  provided  for  for  dealers  or 
agents,  and  any  member  of  any  such  district  board,  or  any 
member  of  any  school  board  in  any  city  of  the  first  or  second 
class,  or  any  teacher  of  any  school  who  shall  adopt,  use  or 
permit  to  be  used,  or  cause  to  be  used  in  any  public  school  of 
this  state,  any  other  text-book  or  books  than  those  provided 
for  in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  in  any  court  of  competent  jurisdiction  shall 
be  fined  in  any  sum  not  less  than  $25  or  more  than  $100,  or 
by  imprisonment  in  the  county  jail  not  to  exceed  ninety  days, 
or  by  both  such  fine  and  imprisonment;  provided,  that  in  es- 
timating the  price  at  which  the  dealer  or  agent  may  sell 
books  under  the  provisions  of  this  act,  the  total  amount  of 
each  sale  shall  not  vary  to  exceed  one-half  of  one  cent  above 
the  contract  price,  plus  ten  per  cent  provided  for  herein. 
(Laws  1897,  ch.  179,  sec.  21.) 

SEC.  606.  Basic  Text-books  Not  to  be  Excised.  '[Laws 
1911,  ch.  267,  sec.  4.]  That  the  board  of  education  shall  not 
authorize  or  permit  any  teacher  or  other  employee  to  exclude 

170.    Section  589  of  this  book. 


204  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

as  a  basic  text-book  any  text-book  or  other  adoption  now  or 
hereafter  adopted  under  authority  of  the  General  Statutes  of 
this  state,  and  any  violation  of  this  act  shall  render  the  violator 
liable  to  the  same  penalties  as  prescribed  in  chapter  179,  Laws 
-of  1897. 

SEC.  607.  Commission^  Penalty  for  Violation.  [7831.]  Any 
member  of  the  commission  herein  established  violating  any 
of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than 
$100  nor  more  than  $500  and  be  imprisoned  in  the  county 
jail  for  a  term  not  less  than  one  year,  and  upon  conviction 
shall  forfeit  his  office.  (Laws  1897,  ch.  179,  sec.  22.) 

SEC.  608.  Appropriation.  [7832.]  For  the  purpose  of  pay- 
ing mileage  and  per  diem  to  the  members  of  this  commis- 
sion, printer's  fees,  postage  and  expense  of  meetings,  there  is 
hereby  appropriated  out  of  any  money  in  the  treasury  not 
otkerwise  appropriated  the  sum  of  $2500,  or  so  much  thereof 
as  shall  be  necessary  to  carry  out  the  provisions  of  this  act. 
The  auditor  of  state  is  hereby  authorized  to  draw  his  warrant- 
on  the  state  treasurer  for  the  amount  of  per  diem  and  ^com- 
pensation due  to  each  member  of  said  commission  or  to"  par- 
ties performing  services  under  the  provisions  of  this  act ;  and 
provided  further,  the  sum  of  $10,000,  or  so  much  thereof  as 
may  be  needed,  is  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  to  buy  manuscript  under 
the  provisions  of  this  act,  should  it  become  necessary  for  the 
purchase  of  such  manuscript  as  provided  in  this  act,  and  the 
state  treasurer  is  thereupon  directed  to  pay  such  warrant; 
provided,  such  accounts  be  verified  as  provided  in  other  cases 
and  approved  by  the  state  superintendent  of  public  instruction. 
(Laws  1897,  ch.  179,  sec.  23.) 

SEC.  609.     Additional  Texts.      [7833.]      The  School  Text- 
took  Commission  provided  for  in  chapter  179,  Laws  of  1897, 
r-shall  be  authorized  and  empowered,  and  it  is  hereby  made 
-their  duty,  to  adopt  uniform  school  text-books  for  use  in  the 
public  schools  of  the  state  of  Kansas  in  the  following  branches, 
to  wit : '  A  primer,  a  primary  reading  chart,  and  a  graded 
series  of  drawing-books  or  drawing  portfolios,  geometry  (the 
work  to  include  both  plane  and  solid  geometry) ,  Latin  gram- 
mar  Latin  exercises,  Csesar,  Cicero,  Virgil,  general  history, 
history  of  Kansas,  English  history,  rhetoric,  English  litera- 
ture, botany,  zoology,  chemistry,  word  analysis,  geology,  Ger- 
man exercises,  German  grammar,  and  descriptive  astronomy; 
provided,  however,  that  no  books  shall  be  adopted  by  this 
commission  that  do  not  equal   in   subject-matter    material 
binding   and  mechanical  execution,  and  approximately  equal 
in  size    the  following  books,  viz.:    The  primer,  to  Werner's 
Primer  and  to  contain  not  less  than  ninety-six  pages,  including 
colored' illustrations  and  number  lessons;  tne  aiawmg-uooKS 
or  drawing  portfolios,  to  Walter's  Industrial  Drawing;  read- 


CH.  28]  SCHOOL  TEXT-BOOK   COMMISSION. 


205 


ing  chart  to  Wooster's  Primary  Reading  Chart;  the  geometry 
(the  work  to  include  both  plane  and  solid  geometry),  to 
Phillips  and  Fisher's  Elements  of  Geometry  (abridged)  ;  the 
Latin  grammar,  to  Harkness's  Latin  Grammar ;  the  Latin  exer- 
cises, to  Collar  and  Daniel's  First  Latin  Book;  the  Csesar 
to  Harkness's  Caesar;  the  Cicero,  to  Allen  and  Greenough's 
Cicero ;  the  Virgil,  to  Harper  and  Miller's  Virgil's  JEneid ;  the 
general  history,  to  Myers's  General  History;  the  English  his- 
tory, to  Montgomery's  English  History;  the  rhetoric,  to 
Genung's  Elements  of  Rhetoric;  English  Literature,  to  Shaw's 
Outline  to  English  and  American  Literature;  the  botany,  to 
Bergen's  Elements  of  Botany;  zoology,  to  Packard's  Elements 
of  Zoology ;  chemistry,  to  Shepard's  Inorganic  Chemistry;  geol- 
ogy, to  Dana's  Text-book  of  Geology  (Rice)  ;  word  analysis, 
to  Swinton's  Word  Analysis;  German  exercises,  to  Collar- 
Eysenbach's  German  Lessons;  German  grammar,  to  Otto's 
German  Conversation  Grammar;  descriptive  astronomy,  to 
Todd's  Astronomy.  (Laws  1899,  ch.  176,  sec.  1.) 

SEC.  610.  Prices.  [7834.]  Said  commission  shall  in  no 
case  contract  with  any  author,  publisher  or  publishers  for  the 
furnishing  of  any  book  or  books,  manuscript  or  copyright 
of  book  or  books,  which  are  to  be  sold  to  the  people  of  this 
state  for  use  in  the  public  schools  at  a  price  above  or  in  excess 
of  the  following,  which  price  shall  include  all  cost  and  charges 
of  packing,  transporation  and  delivering  of  books  to  the  re- 
tail dealers  and  purchasers  in  the  state  of  Kansas:  For  the 
primer,  12  cents;  for  the  drawing-books  or  portfolios,  10 
cents ;  for  the  geometry,  80  cents ;  for  the  Latin  grammar,  75 
cents;  for  the  Latin  exercises,  60  cents;  for  the  CaBsar,  75 
cents;  for  the  Cicero,  75  cents;  for  the  Virgil,  75  cents;  for 
the  general  history,  90  cents;  for  the  English  history,  75  cents; 
history  of  Kansas,  consisting  of  at  least  300  pages,  at  a  cost 
not  to  exceed  60  cents;  for  the  rhetoric,  75  cents;  for  the 
astronomy,  70  cents;  for  the  German  exercises,  70  cents;  for 
the  German  grammar,  80  cents ;  for  the  English  literature,  75 
cents ;  for  the  botany,  75  cents ;  for  the  zoology,  80  cents ;  for 
the  chemistry,  75  cents ;  for  the  geology,  80  cents ;  for  the  word 
analysis,  20  cents;  provided,  however,  that  retail  dealers  shall 
be  entitled  to  add  ten  per  cent  to  the  above-stated  prices  as 
profit  for  handling  and  sale  of  the  books  adopted  by  the  com- 
mission in  compliance  with  the  provisions  of  this  act.  (Laws 
1899,  ch.  176,  sec.  2.) 

SEC.  611.  Advertising  for  Bids.  [7835.]  The  method  of  ad- 
vertising for  bids,  of  receiving  bids,  the  requirements  of  bid- 
ders, the  opening  of  bids,  the  awarding  and  duration  of  con- 
tracts, the  filing  and  approval  of  bonds  on  the  part  of  any  per- 
son, persons,  firm  or  corporation  who  may  desire  to  bid  or  to 
whom  a  contract  is  awarded  under  this  act,  the  delivering  of 
books  to  dealers  or  purchasers  and  the  commission  for  dealers 


206  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

shall  be  the  same  as  is  provided  in  chapter  179,  Laws  of 
1897.171  (Laws  1899,  ch.  176,  sec.  3.) 

SEC.  612.  Unlaiuful  to  Sell  [7552.]  It  shall  be  unlawful 
for  any  person  to  sell  to  any  school  board  or  board  of  educa- 
tion in  the  state  of  Kansas,  or  to  solicit  the  purchase  by  any 
school-district  board  or  board  of  education,  of  any  chart,  map, 
globe,  or  other  school  apparatus,  except  scientific  apparatus 
for  high  schools,  unless  the  same  shall  have  been  submitted  to 
the  School  Text  Book  Commission  of  the  state  of  Kansas,  and 
by  them  approved  and  a  maximum  price  fixed  therefor.  (Laws 
1901,  ch.  308,  sec.  1.) 

SEC.  613.  Penalty.  [7553.]  Any  person  who  shall  sell  to 
any  school-district  board  or  board  of  education  of  any  city  of 
the  first  or  second  class  within  the  state  of  Kansas  any  chart, 
map,  globe,  or  other  school  apparatus,  except  scientific  appa- 
ratus for  high  schools,  which  has  not  been  approved  by  the 
School  Text  Book  Commission  of  the  state  of  Kansas,  and  any 
person  who  shall  request  or  endeavor  to  persuade  any  such 
school-district  board  or  board  of  education,  or  any  member 
thereof,  to  purchase  any  chart,  map,  globe  or  other  school 
apparatus  the  sale  of  which  is  hereby  prohibited,  shall  be 
guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  not  exceeding 
$200  for  each  offense.  (Laws  1901,  ch.  308,  sec.  2.) 

SEC.  614.  Maps,  Globes,  Charts,  and  Other  Apparatus. 
[7836.]  It  shall  be  unlawful  for  any  school-district  board  or 
board  of  education  of  any  city  of  the  first  or  second  class  to 
purchase  or  contract  for  any  chart,  map,  globe  or  other  school 
apparatus,  except  scientific  apparatus  for  high  schools,  unless 
the  same  shall  have  been  submitted  to  the  School  Text-book 
Commission  at  a  regular  or  special  session,  and  by  them  ap- 
proved, and  a  maximum  price  therefor  fixed  by  said  School 
Text-book  Commission.172  (Laws  1899,  ch.  176,  sec.  4.) 

SEC.  615.  Penalties.  [7837.]  The  punishment  for  the  vio- 
lation of  the  provisions  of  this  act,  or  of  any  contract  in  pur- 
suance thereof,  or  for  the  use  of  any  book  in  the  schools  not 
provided  for  by  the  commission  in  pursuance  of  this  act, 
whether  on  the  part  of  the  commission  or  any  member  thereof, 
or  any  school  board  or  board  of  education  or  member  thereof, 
or  of  any  teacher,  shall  be  the  same  as  prescribed  in  chapter 
179,  Laws  of  1897;  provided,  that  nothing  in  this  act  shall 
be  construed  to  apply  to  any  book  used  as  a  book  of  reference. 
(Laws  1899,  ch.  176,  sec.  5.) 

171.  See  section  589  of  this  book. 

172.  The  law  does  not  apply  to  the  purchase  of  school  furniture,  refer- 
ence books,  or  dictionaries. 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  207 

SEC.  616.  Meetings.  [7838.]  The.  School  Text-book  Com- 
mission shall  meet  in  regular  session  on  the  first  Monday  in 
May,  1899,  said  session  to  continue  not  longer  than  ten  days, 
and  special  meetings  may  be  held  as  provided  in  chapter  179 
of  the  Session  Laws  of  1897,  of  which  this  act  is  supple- 
mental.173 (Laws  1899,  ch.  176,  sec.  6.) 

173.    See  section  602  of  this  book. 


208 


TOBACCO  AND   CIGARETTES. 


[CH.  29 


CHAPTER  XXIX.— TOBACCO  AND  CIGARETTES. 


§619.    Penalty   for   selling   or   giving   away 
cigarettes  or  tobacco. 


§617.    Unlawful     to     sell     or     give     away 

cigarettes  or  cigarette  papers. 
618.    Penalty   for   smoking,    using   or   fur- 
nishing cigarettes  or  tobacco. 

SECTION  617.  Unlawful  to  Sell  or  Give  Away  Cigarettes  or 
Cigarette  Papers.  [2930.]  It  shall  be  unlawful  for  any  person, 
company  or  corporation  to  sell  or  give  away  any  cigarettes 
or  cigarette  papers  or  to  have  any  cigarettes  or  cigarette  pa- 
pers in  or  about  any  store  or  other  place  for  free  distribution 
or  sale.  (Laws  1909,  ch.  257,  sec.  1.) 

SEC.  618.  Penalty  for  Smoking  or  Using  or  Furnishing  Ciga- 
rettes or  Tobacco.  [2931.]  Every  minor  person  who  shall 
smoke  or  use  cigarettes,  cigars  or  tobacco  in  any  form  on  any 
public  road,  street,  alley,  park  or  other  lands  used  for  public 
purposes,  or  in  any  public  place  of  business,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  for 
each  offense  by  a  fine  of  not  more  than  ten  dollars,  and  every 
person  who  shall  furnish  cigarettes,  cigars  or  tobacco  in  any 
form  to  such  minor  person,  or  who  shall  permit  such  minor 
person  to  frequent  any  premises  owned,  held  or  managed  by 
him,  for  the  purpose  of  indulging  in  the  use  of  cigarettes, 
cigars  or  tobacco  in  any  form,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $100.  (Laws  1909,  ch.  257,  sec.  2.) 

SEC.  619.  Penalty  for  Selling  or  Giving  Away  Cigarettes  or 
Tobacco.  [2932.]  Every  person,  company  or  corporation  vio- 
lating any  of  the  provisions  of  section  1  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  $25  nor  more  than  $100.  (Laws  1909,  ch. 
257,  sec.  3.) 


CH.  30] 


WARRANTS  AND  BONDS  LOST. 


209 


CHAPTER  XXX.— WARRANTS  AND  BONDS  LOST  AND 
DESTROYED. 


§020.    Duplicates  may  be  issued. 

621.  Mutilated  warrant  or  bond. 

622.  Affidavit  and  bond. 


}623.    Correspond  with  original. 
624.    Record  of  duplicates. 


SECTION  620.  Duplicate  May  be  Issued.  [638.]  Whenever 
any  bond  or  warrant  of  the  state  or  territory  of  Kansas,  or 
any  county,  city,  township,  or  school  district,  shall  become 
so  far  mutiliated  as  to  become  unfit  for  circulation,  or  shall 
be  lost  or  destroyed,  a  duplicate  thereof  may  be  issued  by 
the  officer  authorized  by  law  to  issue  such  bonds  or  warrants, 
under  the  regulations  and  restrictions  hereinafter  prescribed. 
(G.  S.  1868,  ch.  15,  sec.  1.) 

SEC.  621.  Mutilated  Warrant  or  Bond.  [640.]  On  the  de- 
livery to  the  proper  officer  of  any  mutilated  bond  or  warrant, 
a  duplicate  of  such  bond  or  warrant  shall  be  issued  as  herein 
provided.  (G.  S.  1868,  ch.  15,  sec.  3.) 

SEC.  622.  Affidavit  and  Bond.  [561.]  A  duplicate  for  a 
lost  or  destroyed  bond  or  warrant  shall  not  be  issued  until 
there  shall  have  been  filed  with  the  proper  officer  an  affidavit 
of  some  person  knowing  the  facts,  setting  forth  the  owner- 
ship of  such  bond,  the  description  thereof,  the  number  of 
coupons  thereto  attached,  and  the  manner  of  its  loss  or  de- 
struction, and  until  there  shall  have  been  executed  and  filed 
with  the  same  officer  an  indemnifying  bond,  with  securities 
to  be  approved  by  such  officer,  in  a  sum  equal  to  double  the 
amount  of  such  warrant  or  bond  and  the  coupons  attached, 
conditioned  that  the  parties  thereto  shall  pay  all  damages 
which  the  state,  county,  city,  township,  or  school  district,  as 
the  case  may  be,  may  sustain  if  compelled  to  pay  such  lost  or 
destroyed  bonds  or  coupons.  (G.  S.  1868,  ch.  15,  sec.  4.) 

SEC.  623.  Correspond  with  Original.  [639.]  Such  duplicate 
shall  correspond,  in  number,  date,  amount  and  coupons,  with 
•the  original  bond  or  warrant,  and  shall  have  indorsed  on  its 
face,  and  on  the  face  of  each  coupon,  by  the  officer  issuing 
the  same,  the  word  "Duplicate',"  together  with  the  date  of  its 
issuance.  (G.  S.  1868,  ch.  15,  sec.  2.) 

SEC.  624.  Record  of  Duplicates.  [642.]  Any  officer  issuing 
duplicates  under  this  act  shall  keep  a  record  showing  the 
numbers,  dates  and  amounts  of  such  mutilated,  lost  or  de- 
stroyed bonds  or  warrants,  and  the  number  of  coupons  thereto 
attached,  together  with  the  date  of  issuance  of  the  duplicate 
therefor,  and  the  names  of  the  persons  to  whom  issued. 
(G.  S.  1868,  ch.  15,  sec.  5.) 


210  WARRANTS,   REGISTRATION   OF.  [CH.  31 


CHAPTER  XXXL— WARRANTS,  REGISTRATION  OF. 

§625.    How  and  to  whom  drawn.  I    §630.    Payment  of  warrants. 


626.  Shall  be  sworn  to  before. 

627.  Shall  be  signed  by  and  attested  by. 

628.  Record  of  all  warrants. 

629.  All  warrants  countersigned  by. 


631.  Indorsed  when  no  funds. 

632.  Publication  of  lists. 

633.  Delivery  of  books  to  successor. 

634.  Penalty. 


SECTION  625.  How  and  to  Whom  Drawn.  [7263.]  All  war- 
rants shall  be  drawn  to  the  order  of  the  person  or  persons 
entitled  to  receive  the  same,  and  shall  specify  the  nature  of 
the  claim  or  service  for  which  they  were  issued  and  out  of 
what  funds  payable;  and  the  term  "warrants,"  as  used  in 
this  act,  shall  be  understood  to  include  all  orders  of  any  kind 
or  description  authorized  by  law  to  be  drawn  on  public  treas- 
urers for  money  payments.  (Laws  1891,  ch.  249,  sec.  1.) 

SEC.  626.  Sworn  to.  [7264.]  No  warrants  shall  be  issued 
except  under  due  authority  as  provided  by  law;  and  no  war- 
rants shall  be  issued  or  authorized  by  any  board  of  county 
commissioners,  city  council,  township  board,  school-district 
board,  or  board  of  education,  except  on  audited  account  duly 
itemized  in  writing  and  verified  by  affidavit,  setting  forth 
that  the  same  is  just  and  correct  and  remains  due  and  un- 
paid; and  for  the  purpose  of  such  affidavit,  the  chairman  of 
the  county  board,  the  mayor  of  the  city,  the  township  trustee, 
the  director  of  the  school  district,  and  the  president  of  the 
board  of  education,  and  the  respective  clerks  thereof,  shall 
have  power  to  administer  oaths.  (Laws  1891,  ch.  249,  sec.  2.) 

SEC.  627.  Signed  and  Attested.  [7265.]  County  warrants 
shall  be  signed  by  the  chairman  of  the  board  of  county  com- 
missioners, and  attested  by  the  clerk;  city  warrants  shall  be 
signed  by  the  mayor,  and  attesteo^  by  the  city  clerk ;  town- 
ship warrants  shall  be  signed  by  the  township  trustee,  and 
attested  by  the  township  clerk;  school-district  warrants  shall 
be  signed  by  the  director,  and  attested  by  the  clerk;  board 
of  education  warrants  shall  be  signed  by  the  president,  and 
attested  by  the  clerk.  (Laws  1891,  ch.  249,  sec.  3.) 

SEC.  628.  Record.  [7266.]  The  clerk  of  every  county, 
township,  city,  school  district,  or  board  of  education  shall 
keep  a  correct  record  of  all  warrants  drawn  on  the  treasury 
of  such  county,  township,  city,  school  district,  or  board  of 
education,  showing  the  number,  date  and  amount  thereof,  on 
what  fund  drawn,  and  the  name  of  the  person  or  persons  to 
whom  the  same  are  made  payable.  (Laws  1891,  ch.  249, 
sec.  4.) 

SEC.  629.  Countersigned.  [7267.]  Before  delivering  any 
warrant  to  the  person  or  persons  for  whose  benefit  the  same 
is  drawn,  the  clerk  shall  present  the  same  to  the  treasurer, 


CM.  31]  WARRANTS,   REGISTRATION  OF.  211 

who  shall  enter,  in  a  book  by  him  kept  for  that  purpose,  the 
number,  date  and  amount  of  such  warrant,  on  what  fund 
drawn,  and  the  name  of  the  payee,  and  thereupon  counter- 
sign the  warrant  upon  the  face  thereof.  (Laws  1891,  ch.  249 
sec.  5.) 

SEC.  630.  Payment.  [7268.]  It  shall  be  the  duty  of  the 
treasurer  of  any  county,  city,  township,  school  district  or 
board  of  education  to  pay 'on  presentation  any  warrant  prop- 
erly drawn  on  any  fund  in  his  custody  by  virtue  of  his  office, 
and,  when  paid,  write  across  the  face  of  such  warrant  the 
word  "Paid"  in  red  ink,  and  sign  the  same;  provided,  that 
there  is  sufficient  money  in  his  possession  belonging  to  the 
fund  upon  which  such  warrant  is  drawn  to  pay  the  same 
(Laws  1891,  ch.  249,  "sec.  65.) 

SEC.  631.  Indorsed.  [7269.]  In  case  there  is  not  sufficient 
money  in  the  hands  of  such  treasurer  to  pay  any  warrant  when 
presented,  he  shall  indorse  thereon  a  proper  registered  num- 
ber, in  the  regular  order  of  its  presentation,  and  the  words, 
"Presented  and  not  paid  for  want  of  funds,"174  with  date,  and 
sign  said  indorsement;  and  he  shall  record  in  his  warrant 
register  the  number,  amount  and  date  of  all  such  warrants, 
to  whom  payable,  and  the  date  when  presented  for  payment, 
and  their  register  number  as  indorsed  thereon,  and  such 
warrants  shall  be  paid  in  the  order  of  their  presentation  as 
shown  by  such  register;  and  no  warrants  shall  be  received 
for  taxes  by  any  county  treasurer  unless  he  shall  have  in 
cash  a  sufficient  sum  to  redeem  all  warrants  having  such 
priority  over  the  warrants  so  offered  for  taxes.  (Laws  1891, 
ch.  249,  sec.  7.) 

SEC.  632.  Publication  of  Lists.  [7270.]  It  shall  be  the  duty 
of  any  treasurer,  whenever  any  money  comes  into  his  hands 
by  virtue  of  his  office,  to  set  apart  a  sufficient  sum  to  pay  any 
or  all  warrants  that  have  been  registered  in  compliance  with 
the  provisions  of  this  act,  and  to  keep  the  same  until  called 
for;  and  it  shall  be  the  duty  of  every  county,  township  and 
school-district  treasurer  to  publish  in  the  official  county  paper, 
and  of  every  city  treasurer  and  board  of  education  to  publish 
in  the  official  city  paper,  between  the  1st  and  15th  days  of 
February  and  August  in  each  year,  a  call  for  the  redemption 
of  such  warrants  as  he  can  pay,  describing  the  warrants  by 
giving  their  issue  number,  register  number,  and  amount; 
and  interest  shall  cease  on  each  of  said  warrants  on  and  after 
such  publication.  (Laws  1891,  ch.  249,  sec.  8.) 

SEC.  633.  Books  Delivered.  [7271.]  Every  county,  city  and 
township  treasurer  and  every  treasurer  of  a  school  district  or 
board  of  education  shall,  upon  the  expiration  of  his  term  of 
office,  deliver  to  his  successor  the  warrant  register  containing 

174.    Such  warrants  bear  six  per  cent  interest  until  paid. 


212  WARRANTS,   REGISTRATION   OF.  [CH.  31 

the  lists  of  warrants  originally  recorded  and  countersigned, 
and  presented  and  registered,  who  shall  in  all  things  act  as 
though  the  entries  of  such  warrants  were  made  by  himself. 
(Laws  1891,  ch.  249,  sec.  9.) 

SEC.  634.  Penalty.  [7272.]  Any  officer  of  any  county,  city, 
township,  school  district  or  board  of  education  who  shall  sign 
or  attest  any  warrant  not  duly  authorized  by  the  proper  board 
or  city  council,  and  any  treasurer  who  shall  countersign  any 
warrant  not  theretofore  signed  and  attested  by  the  proper 
officers  as  required  in  this  act,  shall  be  liable  to  the  county, 
city,  township,  school  district  or  board  of  education  in  the  sum 
of  such  warrant ;  and  any  such  officer  who  shall  violate  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  of 
not  less  than  $50  nor  more  than  $500.  (Laws  1891,  ch.  249, 
sec.  10.) 


INDEX. 

Academies,  .eligible  for  normal  training  without  state  aid 168  502 

Accredited  colleges: 

application   for    approval 24  43 

examined  by  State  Board  of  Education '  ' 

graduates   receive  state   certificates    .                                                    '                            oc  r«, 

^O  O  £ 

graduates  with  practice-teaching 27  -7 

Act  of  admission,  educational  provisions 3 

Adjacent  territory  attached  for  school  purposes: 

cities  first  class    4g  ,  QQ 

cities  second  class gg  ^3 

Age   certificate,    employed    children 38  ^9 

Age  certificates,    inspected    39  80 

Age,   compulsory    attendance    67  183 

Age,  school: 

cities    second    class 56  142 

school  districts 109  300 

Agents,    distribution    of    text-books 192  573 

Agriculture,  state  aid  for,  normal  training  high  schools 168  504 

Agricultural  College.      (See   State  Agricultural  College.) 

Aid  to  high  schools: 

county  aid,  population  less  than   10,000 138  413 

state  aid,   agriculture   and   domestic   science    168  504 

state  aid,   normal  training    167  499 

Alcoholic  stimulants : 

pupils  instructed   in   effects 36  85 

teachers  examined  on  effects 36  85 

Annexation  of  school  districts  to  other  districts 91  245 

division  of  districts  annexed 91  246 

Annexation  of  territory  to  city 105  282 

appeal     105  284 

value  of  property 105  283 

Annual  meeting: 

board  of  education,  cities  first  and  second  class 41  95 

consolidated   school   district 95  256 

graded  school  district 95  256 

school  district    95  256 

union    district 95  256 

See,    also,    District,    annual    meeting. 

Annual   report: 

board  of  education,   cities  first    class    50  123 

board  of  education,   cities  second   class    60  161 

clerk  of  joint  district 113  315 

county    superintendent    82  219 

district   clerk    .' 112  312 

trustees  of  county  high   school 132  384 

Annual  school  fund 184 

apportioned  how    185  563 

consists  of   what 184  554 

county  treasurers  receive 184  557 

distributed  by  state   superintendent 185  563 

paid  to  county  treasurers  by  state  treasurer 184  556 

paid  to  district  treasurers  by  county  treasurer 184  558 

payment  by  insurance  companies 184  559 

report  of  state  treasurer  to  state  superintendent 177  528 

state  treasurer  to  keep  separate  account 177  528 

state  treasurer  to  receive     184  >55 

subject  to  order  of  state  superintendent •    184  555 

(213) 


214  INDEX. 

Pg.  Sec. 

Aplington   Art   Gallery 161  483 

management     '.  161  484 

part  of  Kansas  traveling  libraries 161  484 

Apparatus : 

purchase  without  approval,   penalty 206  614-5 

sale  without   approval,   penalty    206  612-3 

Appeal : 

adjustment  of  property,  district  annexed  to  city 105  284 

appraisement   of  condemned  property,   cities    .  44  103 

appraisement  of  land  condemned  for  site 103  280 

conviction  in  juvenile  court 156  472 

formation  of  joint  district 93  254 

formation  or  alteration  of  school  districts 86  229 

juvenile  court  to  district  court 151  451 

Appendages  for  school  house .  .  .  119  338 

Apportionment  of  funds: 

Barnes  high  schools 136  402 

cities,  towns  or  villages  under  special  law 122  349 

Appraisement,   cities: 

appeal     44  108 

appointment  of  commissioners    43  101 

notice   of   appraisal 44  102 

report   of  commissioners      .*.  .  44  102 

Appraisement,  school  districts: 

appointment  of  appraisers 103  279 

school  house,  change  of  site 103  278 

site  condemned 103  280 

Appropriation : 

agriculture  and  domestic  science  in  high  schools 168  504 

course  of  study  for  rural  schools 107  299 

examination,  normal  training  high  schools 167  501 

industrial   training    x 144  430 

normal  institute  fund 165  495 

normal  training  high  schools 168  503 

state  aid  to  school  districts 100  271 

State  School  Book  Commission 194  582 

Art  gallery.    (See  Aplington  Art  Gallery.) 

Assistant  state  superintendent  public  instruction : 

appointment     

duties 185  562 

oath     * 185  562 

state   superintendent   responsible   for   acts 185  562 

Asylums,    education    of   children    in 71  191 

Attachment  of  territory : 

cities   first   class    46  1«8 

cities   second   class    56  143 

Attendance,  compulsory.     (See  Compulsory  attendance.) 

Attendance   of  pupils,    daily   record 118  337 

Attorney-general : 

advise    state    superintendent    186  565 

collect  money  due  the  state 178  529 

enforce  law,  estates  of   deceased  persons  without  heir 181  542 

examine    bonds    and    proceedings 175  521 

member   board  of  school-fund    commissioners    174  518 

Auditor.     (See  State  auditor.) 

Barnes  high  schools.     (See  High  schools,  Barnes  law.) 

Bible  may  be  used  in  schools 50  125 

61  163 

Bids,    when   required,    cities    second  class 60  162 

Biennial   report   of  state   superintendent    187  570 


INDEX.  215 

Blanks  for  common  schools :  p~  « 

distributed  by  county  superintendents    186  555 

prepared   by   state   superintendent    186  566 

Blind  childi-en  must  be  sent  to   school 71  139 

Board  of  education,  cities  of  the  first  class : 

annual    meeting     41  gg 

annual    report     50  123 

attach    adjacent    territory     45  103 

body   corporate    40  92 

bond  of  clerk    47  112 

bonds,  estimate    50  127 

bonds,  petition  for  election    .  .  -. 51  128 

clerk     41  96 

dealers   in   school   books   designated    192  578 

deficiency  shall  not  be  created 50  127 

districts,    city    divided   into 49  119 

election     40  92 

election,    commission-governed    cities     40  94 

eminent    domain    43  100 

estimate  of  cost  of  sites  and  buildings    50  127 

examining    committee     42  98 

expenditures,   limit   without   contract    50  124 

fire    protection 124  359 

fiscal    year     '. : 41  95 

tiigh-school    fraternities,    expulsion    of   members    126  366 

incapacitated    children    examined    67  183 

industrial    training    provided 143  432 

investment   of   sinking   fund    52  131 

investment  of  teachers'   retirement  fund    171  510 

kindergartens 157  473 

liability  for  bonds  issued  in  excess  of  amount  voted 51  128 

limit    of   authority   to   levy   tax    49  118 

manual    training     47  109 

may  sue  in  its  own  name 49  120 

meetings,  regular  and  special    49  122 

members,   nomination,   election,   term    40 

members  receive  no  pay    48 

members  shall  not  be  city  commissioner  nor  members  of  city  council 40  92 

money  levied  to  pay  coupons    54 

night    schools     163  485 

nomination   and  election   commission-governed   cities    40 

pay  cost  of  condemnation  proceedings    

penalty  for  refusal  to  levy  tax  for  payment  of  coupons 

permit    temporary    absence 

personal  liability  of  members    ^0  127 

POW?"     '  47  110 

president     

purchase  of  textbooks,  .revolving  fund : iy* 

refund  outstanding  bonds    

registry   and  signing  of  refunding  bonds    °°  g^ 

remove  employees    • 4g  IQQ 

right  of  eminent  domain    '  5?g 

school  books   sold   to   patrons    gg 

school  buildings  opened,   certain   uses    ^  iQg 

school-fund    depositories     : 4g  12Q 

school  property  held  by  board    ^  ^^ 

school  property,  sale  of g(^ 

superintendent   of  schools    

tax:  48  116 

buildings    .143  431 

industrial   training    • 


216  INDEX. 

Board  of  education,  cities  of  the  first  class: 

tax — concluded.  Pg.        Set, 

interest  and    sinking    fund    52        130 

interest  coupons,    refunding    bonds     54        137 

support  of  schools    48        116 

taxes  collected  subject  to  order  of  board    49        117 

term   of  members    40          92 

treasurer    47        113 

truant    officers     .  . 68        184 

vacancies,   how   filled    40          93 

vacancy  in  examining  committee    48        115 

Beard  of  education,  cities  of  the  second  class : 

vice    president     47        111 

additional  school  grounds    64        174 

annual    meeting    41          95 

annual    report    60        161 

attach   adjacent  territory    56        143 

body   corporate    

body    corporate,    name    

bonded  indebtedness  of  annexed  territory    105        283 

bonds : 

authorized    61        167 

election     .' 61        164 

repairs,  with  approval  of  state  superintendent.  ...                  61        167 

warrants   outstanding    64        175 

denominations,  .payment,   interest,   signature 64        176 

elerk     57        146 

bond     59     .153 

compensation     57        146 

duties     41          96 

election     57        146 

may  be  member  of  board    57        146 

term 57        146 

condemn  site  for  schoolhouse    •- -  103        200 

280 

dealers  in  school  books  designated   192        578 

election     40' 

election,    commission-governed    cities     40 

examining   committee    

exclude  children  between  ages  of  five  and- seven    56 

expenditures    

fire   protection    124        35& 

fiscal    year     41 

high-school   fraternities,   expulsion  of  members    126 

incapacitated  children,   examination    

industrial    training    provided 143 

investment   of  sinking   fund    . -.-•••  62 

issue  bonds  to  pay  outstanding  warrants    

kindergartens     157        473 

mee,inSs     I0       HI 

members  for  attached  territory    

members,   nomination,   election,   term    

members  shall  not  be  city  commissioners  nor  members  of  city  council.  . 

night    schools     •  • 

nomination  and  election,  commission-governed  cities 

oath   of   office    

offi-rs     «        HI 

organization     

pay  cost  of  condemnation  proceedings    

payment  for  buildings  by  time  warrants  or  bonds 

permit  temporary  absence 


INDEX.  217 

Board  of  education,  cities  of  the  second  class — concluded  pg  gee 

POW67     58  149 

president,    duties     CQ  IKI 

• oo  lol 

electlon     - 57  146 

property  conveyed  to  by  city    58  148 

property  held  by  board    5g  j^™ 

purchase  of  textbooks,  revolving  fund    192  573 

remove    employees     41  95 

right  of  eminent  domain    43  100 

sale  of  bonds   (for  outstanding  warrants) 64  177 

school  books  sold  to  patrons    192  573 

school  buildings  opened  for  certain  uses 42  99 

school-fund    depositories    designated 45  106 

superintendent    of    schools 42  97 

tax: 

buildings     63  172 

indebtedness 59  156 

industrial  training    143  431 

interest  and  sinking  fund 61  166 

interest  and  sinking  fund,  outstanding  warrants 64  178 

support  of  schools 59  155 

tax  levy,   limitation      59  156 

tax  levy,   limitation,    certain    cities 60  157 

treasurer,  bond    59  154 

duties    '. 59  154 

election     64  179 

truant  officers,  appointment 68  184 

vacancies,  how  filled 40  93 

validity  of  official  acts 65  180 

vice  president,  duties 59  152 

election     57  146 

Board  of  education,  cities  of  the  third  class: 

condemnation    proceedings,    cost 45  104 

right  of  eminent  domain 43  100 

school-fund  depositories  designated    •  45  106 

Board  of  Education,  State.     (See  State  Board  of  Education.) 
Bond: 

care  of  delinquent  children i53  456 

county  superintendent    

district    treasurer    114 

secretary  State  School  Book  Commission 19°  572 

state  superintendent  of  public  instruction 185  560 

treasurer,   board  of  education,  cities  first   class    

treasurer,  board  of  education,  cities  second   class 

treasurer,  board  of  trustees,   county  high   school 128  371 

Bonded  indebtedness: 

disorganized  districts    •  •  • .  • 

merged  districts 

refunding  of    ••;••• 

report  of  district  clerk  and  clerk  of  board  of  education  to  county  clerk.  .  . 

school  district  annexed  to  city 105  2^ 

territory  annexed  to  city 

Bonds 7 

additional  bonds,  hearing,  election g 

application  to  vote  additional  bonds 

application  to  vote  additional  bonds  heard  by  commission »  ^ 

cancellation  by  state  treasurer _4g 

cancellation  of  bonds  and  coupons  paid ^  g43 

consolidated   bonds    „.  ^^ 

registration '  175  Jn 

examined  by  attorney-general 7  ^ 

limitations  modified 


218  INDEX. 


Bonds — concluded. 


Pff.       Sec. 


must  be  offered  to  School-fund  Commission. 178  530 

payable  at  office  of  state  treasurer ,... 11  15 

payment    before    maturity    10  13 

11  14 

penalty  for  neglect  of  duty 11  19 

purchased  by  School-fund  Commission 175  521 

record  of  bonds  purchased  by  School-fund  Commission 176  526 

register  of  auditor  and  treasurer  compared 182  549 

register  of  bonds  offered  to  School-fund  Commission 175  521 

remittance  of  funds  to  state  treasurer 11  17 

School-fund  Commission  may  authorize  increase  in  amount 7  5 

state  treasurer  to  furnish  statement  of  amount  due 11  16 

See,  also,  Warrants  and  bonds  lost  and  destroyed. 
Bonds,  board  of  education,  cities  of  first  class : 

authority  to  issue 50  127 

election 51  128 

estimate  of  cost  of  sites  and  buildings 50  127 

interest  paid  when  due 53  132 

limitation     51  128 

payment  of  interest  and  principal  secured    53  132 

purchased  with   sinking  fund    52  131 

rate  of  interest,  when  payable    51  129 

refunding   bonds   authorized    .- 53  135 

registry  of  bonds  by  clerk  of  board    53  134 

registry,   refunding  bonds    53  136 

security 53  133 

tax  levy  for  interest  and  sinking  fund    52  130 

Bonds,  cities  of  the  second  class: 

authority   to    issue    61  167 

bonds  for  repairs  and  heating  plants    61  167 

limitation   of  issue    61  167 

bonds  to  pay  outstanding  warrants    61  167 

64  175 

limitations,   payment,   interest,   signature    64  176 

sale     64  177 

tax  for  interest  and  sinking  fund 64  178 

election,  cities  second  class 61  164 

execution 61  165 

four-year  bonds  for  buildings    ; 63  172 

interest  paid  when  due    62  169 

interest  not  to  exceed  five  per  cent 61  167 

issued  for  what  purposes    61 

limit   of  bonded  indebtedness    61  167 

payable  in  twenty  years    

registry     

security    63  17° 

tax  levy  for  interest  and  sinking  fund    61  166 

Bonds,   county  high  school,  population  under   6000: 

authorized 133  393 

election     134  394 

limitation     134 

unlawful    use     134  39e 

Bonds,  refunding: 

board  of  education,   cities  first  class    53 

payable   within   twenty   years 53 

rate    of   interest    53 

refunded  bonds  canceled   and  destroyed    

registered  and  signed    53 

bonded  indebtedness  may  be  refunded    

bonds  and  coupons  paid  and  canceled 

certified   statement   of  proceedings    14 


INDEX.  219 

Bonds,  refunding — concluded.  p~        gec 

county  treasurer  to  levy  tax    15          27 

coupons   receivable   for   taxes    lg          30 

disorganized    districts 20          39 

failure  to  levy  tax  for  interest  and  sinking  fund 15          26 

indebtedness  to  be  canceled 13          22 

indebtedness  not  to  be  increased 15          25 

installment  bonds  may  be  issued    16          28 

limitation  of  bonded  indebtedness 13          22 

merged  district,  district  officers  may  refund    _ 18          33 

election  to  refund 19          37 

form   of  bond    18          34 

law   governing   indebtedness 20          38 

levy  for  interest  and  sinking  fund ! 19          35 

suits  respecting  bonds 19          36 

no  refunding  within  two  years  of  issue    13          22 

penalty  for  failure  to  levy  tax . 15          26 

penalty  for  wrongful  use   of  funds    18          31 

record  of  proceedings  School-fund  Commission   .  .  .*. 182        553 

refunded    bonds    canceled    14          24 

registration     14          24 

School-fund  Commission  may  receive    182        551 

signed  by  whom 12          21 

sinking  fund  to  be  created 16          28 

sinking  fund,   investment  of 17          29 

stamped  by  auditor  and  charged  to  treasurer    182        552 

tax  levy  for  interest  and  sinking  fund    15          26 

Bonds,  school  district: 

authority    to   issue    5 

canceled  and   destroyed   on  payment    10          12 

denominations     7 

disorganized    district 20          39 

disposal     7 

election     5 

conducted  under  general  election  laws    6 

notice  of  election    6 

®rdered  by   district  board    6 

petition     5 

interest,   rate  of 7 

interest  payable  semiannually    

limitation  of  amount    •  • 

payable  within  fifteen  years    7            3 

penalty  for  issue    without    authority    • 

penalty  for  unauthorized  use  of  bonds    '• 9 

purpose  for  which  issued    

refunding   outstanding   warrants    

registration 

school    census    g 

signed  by  director  and  clerk    

tax  levy  for  interest  and  sinking  fund ^        g4g 

union  or  graded  school  district    

Books  of  reference  not  excluded  by  State  School  Book  Commission    

Boundaries,  school  district:                                              '  gg        227 

changed  by   county   superintendent    gi        2lg 

description  furnished  to  county  clerk    2ig 

map   furnished  to    assessors    gl        21g 

reestablished  in  case  of  error    gl        217 

reestablished,  records  lost  or  destroyed    '  106       285 

Branches  taught  in  district  schools    

Buildings:  42          99 

boards  of  education  may  open    


220  INDEX. 

Buildings — concluded.  pg  ge0 

bonds  for  buildings,  cities  first  class    50  127 

cities   second   class    61  167 

school  districts    5  i 

county    high    schools     129  377 

estimate  of  cost,   cities  first  class    50  127 

limitation   of  cost,   cities   second   class    63  172 

tax  levy  for  buildings,  cities  first  class    48  116 

tax  levy  for  buildings,   certain  cities  second  class    63  172 

Business    colleges    21 

notes  or  contracts  void,  when    22  44 

penalty  for  canvassing  without  permit    21  43 

permit   to    canvass    21  40 

permit  shown  by  agent    21  42 

revocation    of  permit    21  41 

6ensus,   annual  school : 

items  recorded 71  138 

oath  of  parent '....*. 71  188 

€ertificate  of  age,  employed  children:- 

based  on  school  census 38  69- 

form    38  89 

inspection     39  90 

obtained  by  employers 38  89 

Certificates,  teachers' : 

cancellation    26  55 

36  84 

common  school  certificates  issued  by  State  Normal  School 28  61 

county    certificates    30 

applicants  from  other  counties 31  70 

examinations    30  69 

first  grade 33  79 

high  school  credits 34  80 

renewal     33  79 

grades    of   county    certificates    33  78 

high  school  credits  for  second  and  first  grade 34  86 

indorsed  in  other  counties 35  83 

issued  by  county  board  of  examiners 30  69 

issued  only  on  examination 35  82 

professional,    renewal    of 34  80 

record  of  candidates  by  county  superintendent 78  213 

renewal  of  first  grade    33  79 

revocation    35  83 

36  84 

second  grade 33  79 

graduates  of  county  high  schools 131  383 

high  school  credits 34  80 

temporary     

third  grade 33  Y9 

valid  in  county  where  issued 35  83 

county  high  schools: 

graduates 131  383 

teachers    131  332 

districts  employing  ten  or  more  teachers '. 

industrial  training    143  433 

issued  by  other  states 26  53 

life  certificates 23  *5 

normal  institutes 164  491 

conductors    164  49] 

instructors    164  491 

registration : 

by  county  superintendent  or  clerk  of  board 


INDEX.  221 

•srtificates,   teachers' : 

registration — concluded. 

by  state  superintendent £$ 

no  fee  required 

state  certificates: 

application  for  renewal 

cancellation    '  '  "  2g  ' 

diploma  of  State  Normal  School '  '.'  '      28  «31 

five-year  certificate    24 

issued  by  other  states.  . 

* Zo  53 

issued  on  examination 2o  >fi 

issued  to  graduates  of  accredited  institutions 25  r-0 

life   certificate    '.(','.'.'.  25  50 

three-year    certificate     25  50 

lapsed  by  expiration  of  time 09  67 

renewal     ....'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.  26  54 

life  certificate  by  renewal  of  three-year 2£  56 

registered  by  county  superintendent  or  clerk  of  board    28  62 

registered  by  state  superintendent  of  public  instruction 28  60 

renewal : 

lapsed   certificates    26  54 

three-year   certificates 26  56 

revocation     3g  34 

signed  by  state  superintendent  of  public  instruction 28  60 

three-year     24  47 

three-year,  to  graduates  of  accredited  institutions 25  50 

renewal    25  50 

three-year,  to  graduates  with  practice-teaching 27  57 

valid,  where 24  47 

void,    when     26  54 

State  Normal  School  certificates: 

common    school    certificate 28  61 

diploma  a  legal  certificate 28  61 

one-year   certificate    27  58 

renewal     27  59 

three-year  certificate    27  58 

•ertificates  void,  when 26  54 

Challenge,  voter  at  district  meeting 96  260 

Change  of  site 103  278 

Ckarts : 

purchase  without  approval,  penalty    206  614-5  ' 

sale  without  approval,   penalty    206  612-3 

•hild  labor    38 

age  certificates  inspected 39  90 

children    under   fourteen 38  H7 

children  under  sixteen 38  88 

penalty 39  91 

f  kildren : 

arrested  children  under  sixteen  years  of  age 151  450 

jurisdiction  of  juvenile  court 151  450 

attendance  at  school  compulsory 

children  in  asylums  to  be  educated 71  191 

detention  home  for  homeless 154  461 

delinquent  children    147  441 

care 150  448 

care  to  be  parental 

committed  to  care  of  probation  officer 

custody     

custody  revoked    

dependent  or  neglected  children 

adoption !49  ^7 

care    .                                                           "»  446 


222  INDEX. 

Children : 

dependent  or  neglected  children — concluded.  Pg,  Sec. 

custody     153  457 

custody   revoked 150  449 

jurisdiction   of  juvenile  court 156  468 

employment 38  87 

age   certificate    38  89 

age  certificate  inspected 39  90 

children  under  fourteen.  . 38  87 

children  under  sixteen 38  88 

penalty     ,- 39  91 

exclusion  of  children  under  seven  years,  cities  second  class 56  142 

incapacitated,  exempt  from  school  attendance    67  183 

Cigarettes,  unlawful  to  sell  or  give  away 208  617 

Cities     - 40 

Cities  of  the  first  and  second  class 40 

Cities  of^the  first  class 46 

adjacent  territory  attached 46  108 

annual  report,  board  of  education    50  123 

board   of   education    40  92 

See,  also,  Board  of  education,  cities  first  class. 

bonds     50  127 

city    composes   school    district    49  119 

course  of  study  for  common  schools  not  required 107  291 

definition,  city  first  class    46  107 

election,   board   of  education    40  94 

elections   under   commission   system    55  140 

eminent   domain,   right   of    43  100 

examining    committee     42  98 

expenditures,  board  of  education;   contracts    50  124 

fire  marshal  shall  inspect  school  buildings    124  359 

free  textbooks  provided  if  authorized  by  vote    192  578 

investment   of  sinking   fund 52  131 

limit  tax  levy  board  of  education    49  118 

minimum  term  eight  months    98  264 

money  levied  to  pay  coupons    54  139 

night    schools     .  '. 162  485 

nomination  and  election,  board  of  education 40  94 

penalty  for  refusal  to  levy  tax  for  payment  of  coupons 54  138 

property  appraised  and  condemned  for  school  purposes    .  .  .  : 43  101 

registration  of  certificates 28  62 

religious  doctrine    50  125 

right  of  eminent  domain    43  100 

sale  of  property    

school  buildings  may  be  opened  for  certain  uses    42  99 

school  fund    depositories    45     ,   106 

school  property  exempt  from  taxation    50 

school  property  held  by  board  of  education    49  120 

sectarian    doctrine    50  125 

separate  district  for  truancy  act .  69  185 

separate  schools  for  white  and  colored  children    47  109 

superintendent   of   schools    07 

taxation : 

annual  levy  for  support  of  schools    

interest  coupons,  refunding  bonds    

interest  and  sinking  fund 52 

limitations     49  118 

See,  also,  Taxation,  cities  first  class. 

taxes  subject  to  order  of  board  of  education    49 

teachers'    retirement   fund    171  5oe 

territory   annexed,    indebtedness    105 

title  to  condemned  land,   appeal    


INDEX.  223 

Cities  of  the  first  class — concluded.  p 

treasurer  board  of  education    ^ 

truant    officer     

vacancy  in  board  of  education    40 

vacancy  in  examining  committee    40  -. -.  ^ 

vacancy,  officers  and  employees  of  board  of  education    41  95 

See,  also,  Board  of  education,  cities  first  class. 

Cities  of  the  first,    second  and  third  class    43 

Cities  of  the  second  class    55 

additional  school   grounds    64  174 

adjacent  territory  may  be  attached    56  143 

annual  report  board  of  education 60  161 

appeal,  title  to  condemned  land    44  103 

board   of   education    40  gg 

See,  also,  Board  of  education,   cities  second  class. 

bonds     61  167 

contract   required,    when    60  162 

conveyance  of  property  to  board  of  education    58  148 

execution   of   conveyance    ,t  53  149 

course  of  study  for  common  schools  not  required 107  291 

definition,   cities   second  class    55  141 

election  board  of  education   40  94 

eminent   domain,   right   of    43  100 

examining   committee    , 42  98 

execution  of  conveyance  of  property    58  148 

expenditures     60  162 

fire    protection 124  359 

free   common    schools    56  142 

free  textbooks  provided  if  authorized  by  vote    192  578 

indebtedness  of  territory   annexed    105  282 

investment   of  sinking   fund    62  168 

length   of  school   term    56  142 

minimum    term   eight   months    98  264 

night   schools    162  485 

nomination  and  election,   board  of  education    40  94 

payment  for  buildings  by  time  warrants  or  bonds    63  172 

public  schools  a  body  corporate    58  147 

property   appraised  when   condemned  for  school   purposes    43  101 

property    condemned     43  101 

registration  of  state  certificates    28  62 

right  of  eminent  domain    43  100 

school    age 56  142 

school  buildings  opened  for  certain  use    42  99 

school  fund    depositories    45  106 

sectarian    doctrine     61  163 

separate  district  for  truancy  act    69  185 

superintendent  of   schools    42 

taxation     59  155 

annual   school   tax    59  155 

buildings,  certain  cities    63  172 

interest   and   sinking   fund    61  166 

interest   and  sinking  fund,   outstanding  warrants    64  178 

limitation     59 

limitation,    certain    cities    60 

to  pay  indebtedness    ' 59 

whole   city   taxed    

territory  detached  by  county  superintendent    57 

territory  in  school  district  remains  attached,   city  changed  from  third  to 


second    class 


57        144 


treasurer  of  board  of  education    64        179 


truant    officer 


185 


224  INDEX. 

Pg.  Sec. 

Cities  of  the  third  class    66 

change  to  second  class    57  144 

course  of  study  for  common  schools  not  required 107  291 

defined     66  181 

eminent   domain,   right   of    43  iQO 

no  portion  detached  from  school  district    66  182 

one   school  district    66  182 

property  appraised  and  condemned    43  101 

school-fund    depositories     45  106 

schools  governed  as  district  schools    66  181 

territory  in  school  district  remains  attached,   city  changed  from  third  to 

second   class    57  144 

title  to  condemned  land,   appeal   44  103 

Cities  under  special  law  receive  public  school  fund    122  849 

City  attorneys,  assist  probation  officers 151  452 

Clerk,  board  of  education,  cities  of  first  class: 

bond     47  112 

certify  number  of  members  of  board  to  be  elected 40  94 

duties    41  96 

register    bonds 53  134 

registration  of  state   certificates    28  63 

report  certificates  registered    29  66 

school  books,  requisition  for    1 92  579 

school  books,   sale   to  patrons 192  578 

sign   refunding   bonds    53  138 

Clerk,  board  of  education,  cities  second  class : 

bond     59  158 

certify  number,  of  members  of  board  to  be  elected   40  94 

compensation     57  146 

duties 41  96 

election 57  146 

may  be  member  of  board    57  148 

register    bonds 63  171 

register  state  certificates    .* 28  63 

school  books,  requisition   for    192  579 

school  books,   sale  to  patrons         192  578 

term     57  146 

Clerk,  board  of  education,   city,  town  or  village  under  special  law,   report  to 

county    superintendent     122  149 

Clerk,  township  high  school,  certify  tax  levy    141  43» 

Colleges : 

accredited  by  state  board  of  education    24  48 

course  of  study  examined  and  approved  by  state  board  of  education 24  48 

graduates  may  receive  state  certificates   25  52 

Collegiate  department  of  state  school  system    1 

Colored  children,  separate  schools,  cities  first  class    47  10i 

Commissioners,  state  school  fund.     (See  School-fund  commissioners.) 
Common-school  diploma: 

average  grade  required    108  295 

credit  on  school  work    108  295 

examinations     108  296 

dates 108  296 

expense  paid  by  county    108  296 

grade  required    108  295 

grades  of  80  per  cent  carried  two  years    108  295 

places    108  296 

questions  prepared  by  state  board  of  education    .108  297 

subjects     108  295 

uniform   examinations  throughout  the  state    108  298 

granted  on  completion  of  course  of  study 

•     rural   and   graded   schools 1°8  294 


INDEX.  225 

Common-school  fund: 

fines,    penalties,    etc  ........  Pg'  Sec~ 

religious  sect  shall  not  control    ......  .  . 

money   unclaimed    ............... 

Common  schools: 

course  of  study  prepared  by  state  board  of  education 
fines  applied  for  support    ...................... 

See,   also,   Districts. 
Compensation  : 

assistants  to  state  board  of  education    ................  107  ogg 

board  of  county  examiners    ............ 

clerk  board  of  education,  cities  second  class    ..........  .  .  57  146 

county   superintendent    ..........................  83 

members   State   School   Book   Commission    ............  ......  139  571 

parents   for  conveying  pupils    ........................         '                  '  1Q2  2?6 

probation    officers     ..............................                                    '  147  44~ 

secretary   State   School  Book   Commission    ...........  '..'.'                       '  190  572 

treasurer  board  of  education,  cities  first  class    ................  47  113 

truant    officers     .....................................  '.'.'.'.'.'.'.'.'.'/.  70  186 

trustees,    county   high   schools    ..........................  .  132  QQQ 

Compulsory  education     ...............................  67 

Compulsory  school  attendance   ....................  Q7  i  go 

age  eight  to  fifteen  years  .................................  67  133 

annual  school  census  ................................  71  ^gg 

children  in  asylum  ....................................  7  ^  ^g^ 

children  incapacitated   .....................  .  .............  67  133 

deaf,   dumb  and  blind  ........................................  71  139 

employment  unlawful    ...........................................  68  184 

exemption     .................................................  ...  67  183 

graduates  from  common  schools  exempt  .............................  67  183 

incorrigible    pupils     .............................................  69  185 

juvenile  court  has  jurisdiction  ....................................  68  184 

parents  responsible    .............................................  69  185 

penalty   .......................................................  71  190 

temporary  absence   in  emergency  ..................................  68  184 

teachers  to  report  ...............................................  70  187 

truant  officers    .................................................  68  184 

appointment     ..............................................  68  184 

compensation    ..............................................  70  186 

complaint     ....................................  ............  68  184 

duties     ...................................................  68  3  84 

notice  to  parents  .................  .  ..............  ............  68  184 

report   to   parents  ...........................................  69  185 

Condemning  property  for  school  purposes: 

cities     ........................................................  43  101 

cost  of  proceedings  ...........................................  •  •  •  45  104 

land  on  which  schoolhouse  has  been  built  ............................  H7  332 

school    districts    .................................................  103  28° 

Consolidation  of  school  districts  .......................................  73 

annual    meeting     ....  ...........................................  95  256 

county  superintendents  may  combine  districts  ........................  73 

county  superintendent  to  be  notified  ................................  74 

duties  and  powers  of  board  ....................................... 

name   of   union   district  ..........................................  75  20C 

powers  of  district  meetings  and  district  board  ........................ 


property    of    district  .....................................  '° 

record    of   boundary  ............................................. 

transportation    of    pupils  ......................................... 

union  with  district  containing  graded  school  ......................... 

Constitution,    educational    provisions  ................................... 


226  INDEX. 

Pg.  Sec. 

Contagious  diseases 109  303 

duty  of  parent  and  guardian 109  303 

pupil  infected  excluded  from  school 109  302 

Contracts : 

annulling  contracts  by  teachers .  .  .  . 36  84 

cities  first  class,  when  required 50  124 

cities  second  class,   when  required 60  162 

district  board   with  relatives,   void 118  336 

officers  prohibited  from  taking  contract 123  354 

publishers    of   textbooks    :202  599 

blanks  furnished  by  attorney-general 202  600 

violation 202  598 

School  Text-book   Commission 189  571 . 

teachers',   when  districts   are  combined    73  192 

teachers',  to  be  in  writing 117  J34 

Conveyance  of  property,  cities  second  class  to  board  of  education 58  148 

Conveyance  executed    58  149 

Conveyance  of  pupils: 

compensation   to   parents 102  276 

consolidated   districts    74  195 

expense  of  sending  pupils  to  other  districts.  . :  101  274 

provided  by  district  board 103  277 

school  discontinued,   certain  districts    100  273 

County  aid  to  high  schools,  population  less  than  10,000 138  413 

counties   exempt    140  424 

county  commissioners  may  provide 138  413 

county  superintendent,  duty  of 140  423 

county  treasurer,  duty  of 139  420 

course  of  study 138  414 

entrance  certificate .  138  415 

free  tuition 138  415 

petition     139  417 

report  of  principal 139  421 

supervision     139  416 

tax  levy  by  county  commissioners 140  422 

tax  levy,  limitation 139  418 

use  of  funds 139  419 

County  aid  to  school  districts 98  265 

County  attorney: 

assist  probation  officers 151  452 

investigate  claims  on  estates  of  deceased  persons  without  heir 180  539 

prosecute  complaints,  compulsory  school  attendance  law 68  184 

County  board  of  examiners: 

appointment     30  68 

compensation 30  68 

qualifications 30  68 

term 30  68 

County  certificates.      (See  Certilcates,  county.) 

County  clerk: 

cancel  registry  of  bonds  and  coupons  paid 10  32 

certify  valuation  of  school  districts 78  213 

notify  county  commissioners  of  vacancy  in  office  of  county  superintendent,  84  223 

place  school  district  levy  on  tax  roll 120  341 

reduce  excessive  tax  levy 159  477 

register  school  district  bonds 8  8 

report  school  money  to  county  superintendent 76  203 

County  commissioners : 
appeal  to: 

adjustment   of  school   property    105 

formation  or  alteration  of  school  districts    86  229 

appointments : 

appraisers,  when  schoolhouse  site  is  changed    103  279 


INDEX.  227 

County  commissioners: 

appointments — concluded. 

board   of  examiners    .  .  .  Pg'  Sec' 

board  of  trustees  county  high  school    .' 

truant    officers    

appropriation  for  normal  institute    ........ 

approve  attachment  of  disorganized  district ".'.'.'. 

approve   changes   in    district   boundaries    85  227 

call  election   on  establishing  county  high  school    ......  127 

employ  teachers  county  high  schools,  population  under  6000    '  '    133 

establish  high  school  at  county  seat    . 
levy  tax : 

aid  to  high  schools,  counties  of  less  than  10,000 140  423 

aid  to  school   districts    "  '  gg 

Barnes    high    schools    '.'.'•'•'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.    136  405 

detention    home    155  4g4 

high  schools  in  certain  districts '.    140  422 

indebtedness  of  depopulated  district 88  232 

school    districts    '    12Q  341 

make  provision  for  aid  to  high  schools    .  138  413 

notice  and  report  on  condemnation  of  land  in  cities ,,,  43  102 

provide  payment  of  indebtedness  disorganized  district    89  240 

County  examinations.     (See  Examinations,   county.) 30  68 

County  high    schools.     (See    High   schools,    county.) '  '  127  357 

County  school  fund    76 

apportionment     > 80  214 

collected  and  paid  over  by  county  treasurer 76  202 

fines,  penalties  and  forfeitures    77  209 

paid  to  proper  officers 77  205 

penalty,    county   treasurer 77  207 

proceeds  of  fines  and  estrays  reported  by  justice  of  peace 76  204 

report  by  county  clerk  to  county  superintendent    76  203 

unclaimed    money 77  208 

County  superintendent  of  public  instruction    78 

administer    oaths     84  225 

agent  of  State  Orphans'  Home    91  249 

annex   districts   without   school    91  245 

annex  district  to  district  with  graded  school 74  194 

annual  report  to  state  superintendent    . 82  219 

appeal  in  formation  or  alteration  of  school  districts    86  227 

appeal  to,   by   suspended  pupil    119  339 

appoint   member  of  district  board,   office  forfeited    Ill  307 

appoint  time  and  place  for  first  district  meeting    86  229 

appoint  to  fill  vacancies  in  district  board 84  222 

apportion   school   fund    80  214 

attach  territory  of  disorganized  district    89  239 

bond 78  212 

certify  amount  due  districts  from  state  and  county    99  267 

certify  amount  due  school  districts  from  county    98  266 

certify   amount  necessary  to  maintain  Barnes  high  schools 136  404 

certify  assessed  valuation  of  property  to  district  clerks    78  213 

certify  attendance   in   Barnes  high  schools    136  405 

certify  money  necessary  to  aid  high  schools,  counties  of  less  than  10,000,  140  423 

chairman,  board  of  county  examiners    30  68 

change    district   boundaries    85 

clerk   hire 83  220 

combine    district    73  192 

compensation     83 

compensation  as  agent  of  State   Orphans'   Home 91  249 

compensation  prescribed   by    law    1 

designate  time  and  place  for  meeting,  consolidated  district    73 

detach  territory,   city   second  class    57  145 

determine  value  of  property,  new  district    87  231 


228  INDEX. 

County  superintendent  of  public  instruction. — continued.  Pg.  Sec. 

disorganize  depopulated   district    88  234 

disorganize  partially  depopulated   district     88  236 

disorganize  partially  depopulated  districts    on   petition    89  238 

disorganize  partially  depopulated  district   without   petition,   when    87  238 

disposal  of  property  disorganized  district    : 90  243 

district    boundaries    81  215-8 

distribute   funds   disorganized   district    90  242 

divide  county  into  school  districts 85  227 

divide  territory  of  districts  annexed  to  other  districts 91  243 

duties,  general 78  213 

elected  in  each  county 1 

employ  deputy,  when 91  247 

employ  teacher,  failure  of  school  district 99  269 

endorse  agreement  of  dealer  in  school  books 193  580 

estate  of  deceased  person  without  heir 179  534 

examine  clerk's  report 84  224 

find  estimated  expenditures  and  income  districts  receiving  state  aid 99  268 

form  districts  within  Indian  reservation 86  228 

form  truant  districts 68  184 

furnish  description  of  district  boundaries  to  county  clerk 81  215 

furnish  information  on  indebtedness  depopulated  districts 88  232 

furnish  map  of  school  districts 81  216 

inspect  work  of  county  normal  institutes 78  213 

issue  temporary  certificates    35  81 

jurisdiction  over  joint  districts    93  254 

keep  list  of  district  officers 85  227 

keep   office   open 78  213 

levy  tax  and  employ  teacher  on  failure  of  district 99  269 

levy  tax  to  pay  indebtedness,  part  of  district  annexed  to  city 105  283 

levy  tax,  Barnes  high  schools,  when 136  405 

make  provision  for  aid  to  high  schools 138  413 

member  board  of  trustees  county  high  school 127  369 

name  places  for  diploma  examinations 108  296 

neglect  or  refusal  to  perform  duty 91  248 

nominate  truant  officers 68  184 

notice,   estate  of  deceased  person  without  heir 180  537 

notice,  formation  of  school  district 86  230 

notice,  special  district  meeting,  no  annual  meeting  held 95  257 

notice  special  meeting,  new  district 86  230 

notify   truant   officers 70  187 

normal  institute  held  by  county  superintendent 164  190 

appointment  conductor  and  instructors 164  491 

disbursement  of  funds 165  496 

fees  collected   164  492 

fees  transmitted  to  county  treasurer 165  494 

meeting,  time  and  place  determined 164  490 

union  institutes 166  497 

number   school   districts 85  227 

oath 78  212 

payment  of  school  orders  depopulated  district 

penalty : 

failure  to  provide  for  seven  months'  school 99  269 

failure  to  visit  schools 83  220 

receiving  bonus 123  352 

power   to    administer    oaths 84 

president  board  of  trustees  county  high  school 128  371 

price  lists  of  school  books 194  5&1 

provide  for  sending  pupils  to  other  districts 73 

public    meetings     78  213 

purchase  school  district  record  books 84  226 

qualifications    1 78  21° 

reestablish  boundary  lines,  record  lost 81  217 


INDEX. 


229 


County  superintendent  of  public  instruction. — concluded.  Pa  s 

reestablish  boundary  lines,   error    . 

records    '.'.'. '.'.'.'.'.'.'.'.'.'.'.'.'.  |  |  '      78  *g 

record  of  boundary,  union  district 75  ^'g8 

register  of  teachers 7g  2 

register  state  certificates  and  normal  school  diplomas 28          63 

report  certificates  registered  to  state  superintendent 29          06 

report  population  of  depopulated  district 88  235 

report   to    state    superintendent    quarterly     73  213 

send  pupils  to  other  districts 7d  IQ% 

supervise  high  schools  with  county   aid 139  4^5 

teachers'    associations yg  213 

term   of  office 7g  211 

territory  annexed  to  cities  of  first  or  second  class 105  283 

traveling  expenses 83  220 

trespassers  on  school  land 92  251 

unlawful  to  purchase  school  lands.  . 92  350 

vacancy  in  office  filled  by  county  commissioners 84  r'U3 

visit  each  school  in  county 78  213 

visit  indentured  pupils  of  reform  school 145  437 

County  treasurer: 

apply  to  state  treasurer  for  money  apportioned  to  county 184  557 

collect  school  district  tax  and  pay  to  district  treasurers 120  341 

collect  and  pay  over  county  school  fund 70  c,0? 

compensation   not  allowed,  county  or  state  school  funds    ,.  .  .  .      77  206 

credit  interest  on   sinking   fund 9          10 

custodian    normal    institute    fund    165  493 

financial  statement  to   district  clerks 113  313 

joint   district    funds 94  255 

levy  tax  for  refunding  bonds    15          27 

pay  Barnes  high  school  funds  to  district  treasurers 138  411 

135  401 

pay  county   fund  to  district  treasurer    t 76  202 

pay  county  high  school  tax  to  treasurer  county  high  school 129  375 

pay   district  treasurers  high-school  funds,  counties  less  than  10,000 139  420 

pay   orders,   depopulated  districts    88  233 

pay  orders  disorganized  district 90  241 

pay  school  money  to   district  treasurers    115  324 

pay  state  school  money  to  district  treasurers    -. 184  558 

penalty : 

failure  to  levy  tax  for  refunding  bonds 15  27 

failure  to     pay  over   county   school  fund    76  202 

failure  to  pay  over   school   money    77  207 

violation  Barnes  high-school  act    138  412 

receive  school  money  for  state  treasurer    184  557 

remit  to  state  treasurer  money  to  pay  bonds  and  coupons    11 

report  bonds  and  coupons  canceled    10 

time  for  payment  to  district  treasurers    113  314 

Course  of  study: 

Barnes  high  schools • 137  407 

college  and  university,  approved  by  State  Board  of  Education 24  48 

common    schools    106  286 

assistance  to   State  Board  of  Education    107  288 

based  upon  adopted  texts    106 

does  not  apply  to  cities    107  291 

every  school  district  shall  use    107  292 

major   subjects    106  287 

printing  and  distribution 107 

printing   completed,    when    107 

six  subjects  in  one  term    106 

county  high  schools    13°  379 


230  INDEX. 

Course  of  study — concluded.  pg.  $ec 
district  schools: 

branches   taught    106  285 

effects  of  alcoholic  stimulants    36  85 

high  schools: 

Barnes  high  schools    137  407 

county      130  379 

counties  with  less  than  6000  population 133  388 

townships 141  427 

with   county   aid    138  414 

industrial   training    143  433 

night   schools    162  488 

normal    institutes    23  46 

public    schools    23  46 

Custodian  dependent,  neglected,  delinquent  child    148  444 

Custody  of  dependent  or  neglected  children    153  457 

Deaf  children  sent  to  special  school 71  189 

Degrees  conferred  by  State  Normal  School    27  59 

Delinquent   children    147  441 

Dependent    children    147  441 

Depopulated    district     88  232 

county  treasurer  shall  pay  orders    88  233 

definition     88  235 

disorganized  by   county  superintendent    88  234 

Deputy  employed  by  county  superintendent    91  247 

Detention  home: 

government    154  462 

homeless  children    154  461 

record    of    inmates     155  463 

tax  for  support  and  maintenance 155  464 

Diploma : 

common  school.     (See  Common  school  diploma.) 108  294 

state  diploma  issued  on  examination 23  45-6 

valid   where    23  45 

State  Normal   School   diploma,   registration 28  62 

Director  of  school  district    : Ill  308 

duties     .  .  .' Ill  308 

election     . 110  305 

sign  orders  on  county  treasurer 115  324 

sign   orders  on  district  treasurer    115  323 

suspend  pupils    117  339 

term     110  305 

Discontinuance  of  school: 

certain    districts    100  273 

expense  of  sending  pupils  to  other  districts    101  274 

provision  made  by   annual  meeting    101  274 

pupils   sent   to   adjacent   district    100  273 

state   fund    not   forfeited    101  274 

Disorganized  districts: 

bonds     20  39 

depopulated  district  disorganized  by  county  superintendent 88  234 

distribution    of    funds     90  242 

disposal  of  property    90  243 

floating     indebtedness     89  240 

orders  paid  by  county  treasurer    90  241 

partially    depopulated   district    88 

territory  attached  to  adjoining  district 88  234 

territory  attached  not  liable  for  debt  of  district 90  244 

District  board: 

admit   scholars   from   adjoining   district    117  333 

adopt  regulations  for  use  of  schoolhouse    116  330 

appendages  for  schoolhouse    H9  338 

appoint   librarian 160  481 


INDEX.  231 

District  board — concluded.  p  „ 

assess  tuition   fee    • J*  g£ 

build,  hire  or  purchase  schoolhouse 116  g2g 

call   special   meetings    95  256 

care    of   schoolhouse    and   property    Ug  Q?Q 

challenge  of  vote  at  district  meeting    QQ  260 

condemn   site   for   schoolhouse    103  280 

consists  of  director,  clerk  and  treasurer    HO  305 

contract    with    teachers    117  334 

designate   dealers   in   school  books    192  573 

determine  branches  to  be  taught    106  285 

director,    duties    in  308 

discontinue    school 101  274 

dismiss  teachers  for  cause  with  advice  of.  county  superintendent 117  334 

duties   and  powers,   union   district 75  201 

election     110  305 

employment  of  relatives  prohibited 118  335 

establish    graded   schools 122  350 

establish    kindergartens 157  473 

establish  night  schools 162  485 

examine    incapacitated    children    67  183 

execute  lawful  orders  of  district 116  328 

expel  members  of  high-school  fraternities    126  366 

fire    protection     124  359 

furnish  teacher  with  register    119  340 

industrial    training    143  432 

levy  tax  for  payment  of  judgment    120  342 

library,    purchase   of  books    160  480 

library,  rules  and  regulations    160  481 

list  of  members  kept  by  county  superintendent 85  227 

manage  graded   school    122  350 

matters  not  determined  by  district  meeting 97  263 

oath    of   office    Ill  306 

open   schoolhouse  for  certain  uses    116  330 

penalty  refusing  admission  to  schools 109  301 

powers    of    board    116  328 

powers   of  board,    consolidated   district    ' 74  196 

provide   water-closets    117  331 

pupils   sent  to  other. districts    100  273 

purchase  or  lease  site    116  328 

qualifications   of  members    96  261 

revolving  fund  for  purchase  of  textbooks    192 

school  books  sold  to  patrons    192  578 

school   duties    .' 119  340 

se}l   property    of   district    116  328 

send  pupils  to  other  districts    100  273 

special   meetings    called    

suspension   of  pupils    1 

term   of   office    110 

transportation    of   pupils    103 

vacancy  filled  by  county  superintendent 84 

visit    schools 119  34° 

District  clerk: 

annual  report 1 

certify  tax  to  county  commissioners    120  341 

clerk  of  board  and  district  meetings    HI  310 

deliver  records  to  successor;  penalty    H* 

draw  orders  on  treasurer    H2 

duties     HI  309 

joint    district,    report 1 

librarian,    school   library I60 

notice  of  annual  or  special  meeting 

penalty  for  failure  to  report  to  county  clerk  tax  voted    113  318 


232  INDEX. 

District  clerk — concluded.  pg  ggc 

penalty    for   false   report 113  315 

report  indebtedness  to  county  clerk    114  320 

report  list  of  taxpayers  to   county  clerk    113  317 

report  to    county    superintendent    114  319 

requisition    for    school    books     192  579 

sell    school    books    to    patrons 192  578 

union  or  graded  school  district,   duties    122  347 

notify  county  clerk  of  organization    74  197 

District  officers.     (See  District  board.) 110 

District   schools    106 

District  treasurer: 

bond     ,. 114  322 

deliver   warrant   register  to   successor 211  632 

destroy  canceled  bonds  and  coupons    10  12 

duties     115  323 

,     election     110  305 

indorse  warrants  "presented  and  not  paid  for  want  of  funds" 211  631 

penalty,  failure  to  pay  over  money  to  successor    116  327 

receive  school  money  from  county  treasurer    115  324 

records     115  326 

redemption  of  indorsed  warrants    211  632 

register  warrants   indorsed    211  631 

report     115  326 

separate  account,  funds  to  pay  high-school  tuition    126  364 

treasurer  of  union   or  graded  school  district    122  348 

Districts,    school    93 

annexed  to  adjoining  district    91  245 

annexed  to  city,  first  or  second  class    105  282 

annual  meeting: 

discontinue    school    101  274 

elect  members  of  district  board    110  305 

levy  tax  to  pay  high-school  tuition    126  363 

order  children  sent  to  more  convenient  district    102  275 

powers     96  261 

provide  for  sending  children  to  other  districts    .  ^ 101  274 

special  meeting,  no  annual  meeting  held 95  257 

time  for  holding  annual  meeting    95  256 

annual   report   of   clerk    :•••-. 112  312 

appendages   provided    119  338 

apportionment  of  property  when  part  annexed  to  city    105    ,     283 

appraisement  of  schoolhouse  for  change  of  site    103  279 

appropriation  for  state  aid    100  271 

body   corporate    93  253 

boundaries  changed  by  county  superintendent    85  227 

boundaries  furnished  by  county  superintendent  to  county  clerk    81  215 

branches    taught     106  285 

challenge  of  voter   at  district  meeting    96  260 

change   of  schoolhouse   site    103  278 

children  sent  to  more  convenient  district    102  275 

cities  of  third  class  governed  as  districts    66  181 

cities  of  third  class,  no  part  detached    66  182 

clerk,   duties    HI  309 

clerk  to  be  clerk  of  board  and  district  meetings    Ill  310 

'       clerk  to  draw  orders   on   treasurer    112  311 

combination   of   districts  by   county  superintendent  • 73  192 

consolidation.     (See,   also,   Consolidation  of  school   districts.) 73  193 

contract  with  teachers    117  334 

conveyance   of  pupils : 

compensation  to  parents 102 

expense  of  sending  pupils  to  other  districts    101  274 

provided  by   district  board    103  277 

school  discontinued,   certain   districts    100  273 


INDEX.  233 

Districts,  school — continued. 

county    aid     Pff-  Sec- 

course  of  study  for  common   schools ".'.'.']'. 
depopulated   districts   disorganized    . 

depopulated,    when     

director,    duties    

disorganized,   attached  to  adjacent  district    . 

disorganized  on  consolidation 

employment  of  relatives  of  district  officers  as  teachers  prohibited    '             '  us 

establish   graded   schools    '  J^2  350 

failure  of  clerk  to  report  to  county  clerk  tax  voted   ...]...  n3 

failure  of  treasurer  to  pay  over  money lie  327 

formation  of  districts  by  county  superintendent    85  227 

formation  of  district  within  Indian  reservation    86  2?8 

free  textbooks  if  authorized  by  vote '  192  573 

graded  school  district,   how  formed    12i  040 

high-school  tuition  paid   by   district    126  36g 

increase  tax  levy  at  annual  meeting    158  476 

indebtedness     g9 

indebtedness  when  annexed  to  city  of  first  or  second  class    ....  105  282 

joint    districts.      (See,    also,    Joint    District) '  .  93  254 

library,    rules    and   regulations    .116  329 

meetings : 

annual.      (See,    also,    Districts,    annual   meeting.) 95  955 

challenge   of   voter    ...  QK 

yo  *jbO 

notice     96  258 

notice  of  first  meeting    ....  HR  oon 

oo  ^joO 

P°wers      96  261 

powers,   consolidated  district    74  i96 

qualifications    of   voters    ' 96  25g 

special  meetings.     (See,  also,  Districts,  special  meetings.) 95  256 

minimum    term,    seven   months    98  264 

name     ' 93  253 

notice  of  annual  or  special  meetings    96  258 

no  school   maintained,   when    IQQ  273 

notice   of   formation    86  230 

numbered  by   county   superintendent    85  227 

oath  of  officers    HI  306 

office   forfeited,   when    HI  3Q7 

officers     HO  3Q5 

officers,   consolidated  district    75  i93 

organized,   when    93  252 

partially  depopulated  district  defined    89  237 

partially   depopulated   district  disorganized    88  236 

partially  depopulated  district,  petition  to  disorganize    89  238 

penalty   for   false  report   of  clerk    113  315 

powers   of  board    116  328 

powers  of  district  meeting 96  261 

pupils  sent  to  other  districts 101  274 

qualifications    of   voters    96  259 

records   and  reports  of  treasurer    115  326 

records  delivered  by  clerk  and  treasurer  to  successors;  penalty 114  321 

report   of  clerk,    joint    districts    113  315 

report  of  clerk  to  county  clerk     113  317 

report  of  clerk  to  county  superintendent     114  319 

report  of  indebtedness  by   clerk  to  county  clerk    114  320 

restrictions    on    changing    districts .  85  227 

restrictions    on    formation     100  270 

scholars   admitted  from  adjoining  districts    117  333 

,  school  duties  of  board    119  340 

schoolhouse  opened  for   certain   uses    116  330 

schoolhouse  removed  from  claim  of  settler 117  332 

school    month     108  299- 


234  INDEX. 

Districts,    school— concluded.  pg.  Sec. 

schools  free  to  all  between  ages  of  five  and  twenty-one    109  300 

site   for  schoolhouse   condemned    103  280 

special  meetings: 

called  by  county   superintendent 95  257 

called  by  district    board     95  256 

called  by  petition     95  256 

discontinue    school     101  274 

new    district     86  230 

no   annual   meeting   held    95  257 

notice   of   special   meeting    95  256 

provide   for    sending   children    to    other   districts 101  274 

state  and  county  aid    98  265 

state  and  county  fund    80  214 

suspension  of  pupil    119  339 

taxation: 

annual  tax  for  general  school  purposes    96  261 

floating   indebtedness    96  261 

high-school   tuition    126  363 

increasing    the    levy 158  476 

interest  and  sinking  fund,  bonds     8  9 

interest  and  sinking  fund,  refunding  bonds 15  26-27 

industrial   training 143  431 

library 160  479 

limitation  of  tax  levy 120  341 

payment  of  judgment 120  342 

tax  voted  and  not  levied  or  collected 115  325 

See,  also,  Taxation,   school  districts. 

teachers'   records-  and  reports 118  337 

teachers'  examination  in  districts  employing  ten  teachers 36  86 

territory  attached  to  city  second  class  detached  by  county  superintendent.  .  57  145 
territory  of  district  remains  attached  to  city  changed  from  third  to  second 

class , 57  144 

transportation  of  pupils 103  277 

treasurer,  duties    115  323 

union  or  graded  school 121  343 

voters  may  determine  length  of  term '. 97  263 

water-closets     117  331 

Domestic  science,  state  aid  in  normal-training  high  schools 168  504 

Dumb  children  sent  to  special  school 71  189 

Educational  provisions : 

act   of    admission 3 

organic    act    1 

state    constitution    1 

Elections : 

Barnes  high-school  law,    adoption   of 137  409 

board  of  education,  cities  first  and  second  class 40  92 

40  94 

-commfssion-governed    cities     , 40  94 

.bonds,  cities  of  first  class 51  128 

cities  of  second  class 61  167 

county  high  school 134  394 

school  district    5  1 

•  cities  under  commission  system 55  140 

district   officers 110  305 

.  district  officers,   new  district 86  230 

•  establishment   of   county   high    school 127  368 

counties  of  less  than  6000  population 133  392 

free    textbooks     192  578 

tax  for  buildings,    cities   second   class    63  172 

tax  levy,   increase 158  476 

territory    attached   to   cities  of  second   class 56  143 

township   high   school 140  426 


INDEX.  235 

Elections — concluded.                                                                                                              pg_  $ec- 

treasurer  board  of  education  cities  of  second  class 64  179 

trustees  county  high  school 128  370 

Eminent  domain: 

board  of  education  in  cities " 43  100 

county   high   schools 45  100 

school    districts     103  280 

Employers  of  children,  keep  age  certificates  on  file 38  89 

Employment  of  children  under  fourteen 38  87 

Employment  of  children  under  sixteen 38  88 

Estate  of  deceased  person   without  heir 179  534 

attorney-general,    duty 181  542 

may  not  act  as  private  attorney 180  541 

county    attorney,    duty 180  539 

may  not  act  as  private  attorney 180  541 

county   superintendent,   duty 179  534 

notice  given  by 180  537 

estate  sold  for  benefit  of  common  schools 179  536 

expense  of  inquiry 180  540 

probate  judge,   duty 179  535 

notice  given  by 180  538 

state  superintendent  to  give  notice : 180  537 

Examinations : 

common-school    diploma 108  296 

county  teachers : 

applicants  may  write  in  other  counties 31  70 

board    of    examiners 30  68 

branches     33  79 

examination  in  physiology  and  hygiene 36  85 

examinations   public    33  79 

fee  for  special 32  72 

grades  required 33  79 

papers  received  from  other  counties.  •. 31  70 

places  designated  by  county  superintendent 30  69 

questions : 

officials  may  have  possession 33  77 

opened  by  examining  board 32  74 

prepared  by  State  Board  of  Education 32  73 

unlawful  use    33  76 

special  examinations 33  71 

state  institutions,  examinations  held 31 

time  of  holding •....' 30  69 

unlawful  use  of  questions 32  75 

See,  also,  Certificates,  county. 

districts  employing  ten  or  more  teachers 36  86 

state  examinations 23  45 

46 

Examining  committee: 

cities  first  and  second  class 42 

common    school    diploma 103 

county     • 30  38 

county  high   schools    131 

districts  employing  ten  teachers 

vacancy,    city    first    class    48 

Expenditures : 

board  of  education  cities  first  class,  limit  without  contract 

board  of  education  cities  second  class,  contract  required,  when 60  162 

children  sent  to  other  schools •  •    101 

districts  receiving  state  aid 

Expenses,   children  sent  to  more  convenient  school    1 


examination  for  high-school  credits 


examination   in   other   counties 


80 
31  70 


236  INDEX. 

Fees — concluded.  pg.  $ec. 

indorsement   of   county   certificates    35  83 

normal    institutes     164  492 

special    examinations     32  72 

Females,  no  distinction  between  rights  of  males  and  females  in  school 1 

Fines    .  . 76  204 

collected,   how    123  352 

common   school   fund    77  209 

judgments   against  school   districts    120  342 

See,  also,  Penalties. 
Fines  and  penalties.     (See  Penalties.) 

Fire  protection 124 

doors   of  schoolhouse    124  355 

duty  of  boards  of  education    124  359 

exits  from  upper  floors    124  356 

fire   drills    125  360 

fire-escapes     124  356 

furnaces 124  357 

inspection     124  359 

penalty     125  361 

plans  for  buildings  submitted  to  state  architect    124  358 

time  for  compliance  with  law    125  362 

First-grade  certificates : 

high-school    credits    34  80 

renewal    33  79 

requirements    33  79 

See,  also,  Certificates,  county. 

First   district  meeting,    notice    86  230 

Flag: 

display  in  public  schools    170  505 

flag   day,    observance    170  507 

rules    and  regulations   for   display    170  506 

Forfeiture  of  office: 

county   superintendent 91  248 

99  269 

district   board    Ill  307 

Forfeiture  paid  into  common  school  fund    77  209 

Forming  and  changing  school  districts 85  227 

Fraternities.     (See  High-school  fraternities.) 

Free  district    schools 109  300 

Free  schools,'  cities    second   class    56  142 

Funding  bonds.     (See  Bonds,  refunding.) 
Funds : 

common   school    77  209 

county    school    76  202 

normal  institute: 

appropriation,     county     164  492 

appropriation,     state     165  495 

county  superintendent  to  transmit  fees    165  494 

custodian      165  493 

disbursements     165  496 

fees 164  492 

candidates  for   certificates    164  492 

32  72 

examination  at  state  institutions    31  70 

examination  in  other  counties    31  70 

indorsement  of  certificates    35  83 

registration  of  certificates    164  492 

renewal  of  certificates    33  79 

union    institutes    166  497 

state  school  fund: 

cities  regulated  by   special  law  receive 122  349 

collection      178  529 


INDEX. 


Funds: 

state  sol-O';,   ir-..-"  --concluded. 


237 


Pg.  Sec. 
174  518 
177  527 


aisbiirspment    c.  ,    .acomcj 

inVeSt'nint        .........................  '.'.'.'.'.'.'.'..'.".".'.'.'.'.'.'.'.  175  522 

ie<7d     •;  .................................................  176  524 

•..nclaimed  estates    .......  -,,,0  _0. 

Globes: 

purchase  without   approval    ...........................  206  614-5 

sale   without   approval    ...........................  206  6l2-3 

Governor  : 

appointments  : 

School   Text-book   Commission  ........  .....................  196  -85 

State  Board  of  Education  ................................  23  45 

State  School  Book  Commission  ................................  189  571 

proclamation,  cities  of  second  class  ........  .....................  55  141 

proclamation,  school  book  contracts  ....................  200  594 

select  land  for  State  University  fund  ................... 

Graded  schools  : 

cities  of  second  class  ......................................  53  -^Q 

consolidation  with  district  having  graded  schools  ...................  74  194 

defined    .......................................................  74  ig^ 

graded-school  district,  how  formed.  .  .  .  ............................  121  343 

single  district  may  establish  .....................................  122  350 

(See,  also,  Union  or  graded-school  district.) 

Grades  of  county  certificates  ......  '  ....................................  33  73 

Grades  retained  in  county  examinations  ...................  ..  ............  33  79 

Graduates: 

Barnes  high  schools:  / 

college  preparatory  course  ....................................  137  i07 

general  course   .......................................  ;  .....  137  407 

common  schools: 

admitted  to  high  school  ...........................  -.  ..........  108  294 

diploma     ..................................................  108  294 

county  high  schools: 

admission   to    state   institutions  ................................  131  333 

133  389 

second-grade    certificates     ....................................  131  383 

normal-training    high    schools  ...............................  ......  167  501 

State  Agricultural  College: 

may  teach  in  county  high  schools  ..............................  131  382 

state  certificate  at  discretion  of  state  board  .....................  25  51 

State  Normal  School: 

common-school  certificate    ....................................  28  61 

may  teach  in  county  high  schools  ..............................  131  382 

three-year  state  certificate  ....................................  27  58 

three-year  renewable  state  certificate  ...........................  27  59 

State  University: 

may  teach  in  county  high  schools  ..............................  131  382 

three-year   state    certificates  ......................  -  ..........  ".  .  25  52 

Guardians  : 

penalty  for  violation  of  compulsory-attendance  act  ....................  68  184 

required  to  send  children  to  school  .................................  67  183 

High-school  credits,   second-   and  first-grade   county   certificates    ............  34  80 

High-school  fraternities  : 

membership  unlawful    ...........................................  126  365 

penalty  for  membership  ..........................................  126  366 

High-school  tuition: 

paid  by   district,  when    ..........................................  126  363 

tax  authorized  for  payment  .......................................  126  364 


238  INDEX. 

Pg.  Sec. 

High  schools    126 

admission  by  common  school  diploma 108  294 

approved  by  State  Board  of  Education * 25  52 

High  schools,  Barnes  law: 

act  in  effect  in  certain  counties 137  410 

act,   when  in  force 137  409 

apportionment    of    funds     136  402 

certain  cities  and  counties  exempt 137  408 

county  commissioners   levy  tax 134  397 

county   superintendent,    chity     136  405 

county  treasurer  to  pay  and  distribute  money 138  411 

course    of    study 137  407 

course  of  study  must  prepare  graduates  for  State  University 134  397 

election  on  adoption  of  Barnes  act 137  409 

high-school  fund    134  397 

penalty,    violation    by   county    treasurer    138  412 

principal    shall   make   report 136  404 

standard     134  397 

tax  levy: 

buildings    134  397 

joint   districts    136  403 

limited  to  five-tenths  mill 135  393 

limited  to  three-fourths  mill;    exception 135  399 

tax  levied  by  county  commissioners 136  404 

tax  levy  made  when 135  400 

taxes  collected  and  paid  to  district  treasurer 135  401 

tuition  free  in   county 137  406 

High  schools,   cities  of  the  first    class    47  109 

High  schools,   cities  of  the  second    class    58  150 

High   schools,    county,   population   over    6000 127 

admission     130  380 

board   of  trustees    appointed 127  369 

buildings    ' 129  377 

county  may  establish 127  367 

courses    of    instruction 130  379 

collegiate     130  379 

general     130  379 

normal    130  379 

election    on    establishment 127  368 

election  of  trustees .• 128  370 

examining    committee    131  382 

graduates 131  383 

collegiate  course,  admission  to  State  University 131  333 

normal   course,   second-grade   certificate    131  383 

officers  board  of  trustees 128  371 

officers,    duties   of 129  376 

principal  and  teachers,   employment 130  378 

report  of  trustees , 132  384 

right  of  eminent  domain 45  105 

rules    and   regulations    131  382 

secretary  board  of  trustees : 

appointment     128  371 

duties    129  376 

site     . 129  377 

tax  levy : 

annual  estimate   and  levy    128  732 

certified   and   collected    129  375 

limited   to   five-tenths   mill    129  373 

limited  to  three-fourths   mill,    certain   counties    129  374 

teachers : 

certificates     . 131  382 

employment 131  382 


INDEX.  239 

High  schools,  county,  population  over  6000: 
teachers  —  concluded. 

examination     ........  '*        &ec. 

graduates  from  state  and  accredited  "institutions" 
treasurer,  board  of  trustees: 

appointment     . 

duties    ........  .....................  ...128        371 

trustees:  ..................    129       376 


compensation    ..................... 


vacancies     ......... 

.    ...  .........................................    132        385 

tuition  free  m  county 


S  ™ 

385 
13Q        gg() 


tuition,   pupils   from  other   counties 

vacancy,   board  of  trustees    .....................  ......  132 

High  schools,  county,  less  than  6000: 


bonds  : 

aUth°rized 


i  133        393 

electlon     ..................................................    134        394 

Iimitati°n  134        395 


i 
unlawful  use  of  proceeds    ........................  134 

course   of   study    .............................  '•'.'.'.'.'.'.'.'.'.'.'.'.'.'.'''' 

election   on   establishment    ......... 


,  00 

,  ,.                                                                                                 ......................     JLo^  oo7 

established  by  county  commissioners  at  county  seat   ...............           132  337 

established  only  on  petition  or  election    ........................        133  392 

free  to  pupils  in   county    ..................................                 133  3gi 

graduates   admitted  to  state   institutions    ...................                      133  3g9 

teachers  employed  by  county  commissioners    ..............                           133  QQQ 

High  schools,  county,  population  less  than  10,000    ..............  13g  ' 

admission     ................                                                                                      IQQ  /cic 

.......................    loo  415 

aid  provided  by  county  superintendent  and  commissioners    ............    133  413 

collection  and  use  of  funds    ....................................    139  419 

counties    exempt    ..............................................  '    140  424 

county  superintendent  to  certify  amount  of  money  necessary    ...........    140  423 

county  treasurer,   duty  of    .................................                  139  42Q 

course   of   study    ........................................                    13g  4i3 

entrance  certificate    ..........................................    138  415 

free  to  residents    .............................................    138  4is 

one  school  only  aided,  counties  of  3000  or  less    .....................    139  417 

petition  for  county   aid    .........................................    139  417 

report   of  principal    .............................................    139  431 

supervision     ...................................................    139  415 

tax  levy    ......................................................    139  418 

annual    levy     ..............................................    139  413 

collection  and  use  of  funds    .................................  ."    139  419 

county  commissioners  to  levy  tax    ............................  .    140  422 

county  superintendent  to  certify  amount  necessary    ..............    140  423 

High  schools,  normal  training.     (See  Normal  training  in  high  schools.) 
High  schools,  township  : 

act  does  not  apply  in  counties  of  less  than  10,000   ...................    141  426 

annual    meeting     ...............................................    141  430 

annual  meeting  of  township  high-school  board    ......................    141  430 

authority    to    establish    ..........................................    140  425 

course   of   study    ...............................................    141  .427 

election,  location  and  establishment    ...............................    140  426 

election,   township   high-school  board    ................................  140  426 

notice   of   election    ..............................................    140  426 

petition  for  election    ............................................    140  426 

pupils   admitted  from  other  townships    .............................    141  429 

regulations     ...................................................    141  428 

supervision     ...................................................    141  427 

tax   levy    ......................................................    141  430 


240  INDEX. 

High  schools,   township — concluded.  pg  Sec 

tuition   free    .  .  .  .  '. -j^  ^og 

Holy  Scriptures: 

Bible  may  be  used  in  schools  cities  second  class    61  163 

Bible  reading  not  prohibited,  cities  first  class    50  125 

Honorary  degree,   State  Normal  School    27  59 

Hygiene : 

instruction  in  all  public  schools    36  85 

teachers,   examined   in    36  85 

Incorrigible  pupils    69  185 

Indebtedness : 

bonded  indebtedness: 

compromised  and  refunded 13  22 

increase  of  debt  prohibited  when  refunded 15  25 

refunded     12  20 

cities  second  class,  tax  authorized  to  pay  floating  indebtedness 59  156 

disorganized  districts: 

bonded    indebtedness    refunded 20  39 

floating  indebtedness 89  240 

merged  districts 18  33 

19  37 

Indebtedness  reported  to  county  clerk 114  320 

Indentured  pupil  in  Industrial   (Reform.)    School 145  437 

439 

Indian  reservation,   school  district  within 86  228 

Industrial  education    143 

Industrial  (Reform)   School  pupils 145 

county  superintendent  to  visit  indentured  pupils 145  437 

indentured  pupils    145  437 

439 

persons  sought  to  receive  indentured  pupils 145  139 

report  of  visiting  agent  on  indentured  pupil 145  433 

Industrial  training    143 

appropriation    144  435 

board  of  education  and  district  board  may  make  provision 143  432 

report  to  state  superintendent 143  -134 

special  teachers  may  be  employed 143  432 

state  aid 144  435 

State  Board  of  Education: 

approve  course  of  study 143  432 

establish  standard  for  teachers.  •. 143  433 

grant  certificates    143  433 

tax  levy    ' 143  4ai 

teachers,    standard;    certificates     143  433 

Installment  bonds  may  be  issued 16  28 

Institute.      (See  Normal  institute.) 

Insurance  companies,  payment  to  state  annual  school  fund 184  559 

Interest  on  bonds: 

cities  of  first  class: 

paid  when  due 53  132 

rate 51  12i) 

tax  levy    52  130 

tax   levy  refunding  bonds 54  137 

cities  of  second  class: 

paid  when  due 62  169 

tax  levy    • 61  166 

warrants  refunded : 

rate     64  176 

tax  levy 64  178 

refunding  bonds    15  26 

school   districts 8  9 

Joint  district : 

annual  meeting 95  256 


INDEX.  .241 

Joint  district — concluded.  p 

appeal  to  state  superintendent  in  formation  or  alteration 93  o54 

bonds  to  take  up  merged  district  bonds 19  \7 

disorganization  of  partially  depopulated  joint  districts  88  236 

funds    '..'.'.'.'.'.'.'.'.'.'.'.'.'.'.  94  255 

jurisdiction     Q3  ~^ 

organization    o3  .'. 

report   of  clerk    ...  -,  -,  Q 

II.'  OlO 

tax  levy  for  Barnes  high  schools 136  493 

Judgment,  tax  levy  to  pay 120  342 

Justice  of  peace : 

jurisdiction     123  351 

proceeds  of  fines  paid  to  county  treasurer 76  204 

report  to  county  superintendent 76  204 

Juvenile  court '  I4g 

acts  providing  for  support  of  children 154  450 

appeal,  person  convicted  of  contributing  to  delinquency 156  472 

appeal  to  district  court 151  451 

association  or  individual  as  guardian  of  child 149  447 

blanks  furnished  by  State  Board  of  Control 1§6  470 

bond,  release,  of  person  contributing  to  delinquency    153  456 

care   of  child,    parental     152  454 

care  of  delinquent  child,  continuance 150  148 

care  of  dependent  or  neglected  child 149  445 

city  attorneys  to  aid  probation  officers 151  452 

commitment  of  child  to  care  of  probation  officer 150  448 

compensation  of  probation  officer 147  442 

compensation  of  probation  officer,  counties  having  25,000  population.  .  .  .  156  467 

complaint .  148  443 

constables      151  452 

continuance   of   hearing 149  445 

county  attorneys  to  aid  probation  officers 151  452 

custody  of  child  during  continuance  of  case 149        445 

custody  of  dependent  child  during  suspension  of  sentence '.  .  .  .  153  457 

custody  revoked  by  court 150        449 

delinquent   child     147        441 

delinquent  child,   care  of 150        448 

dependent  child     147        441 

detention  home    154        461 

detention  home,  government 154        462 

detention  home,  record  of  inmates 155        463 

establishment  of  juvenile  court 146        440 

fees  allowed  judge  of  juvenile  court 146        440 

fees,   witness,  allowed  police  and  sheriff    156        469 

forfeiture  of  bond,  person  having  custody  of  dependent  child 153        458 

judgment  in  case  of  forfeiture  of  bond 153        459 

jurisdiction     I46        44° 

child  over  sixteen 155        466 

child  under  sixteen •* 151        4^0 

dependent  children    156 

truants * 68        184 

juvenile    farm    154        461 

neglected    child    147 

parents  responsible  for  delinquency  of  children 1 

penalties  at   discretion   of  juvenile  court    152        453 

penalty,    contributing  to   delinquency 152 

police  officers  to  report  arrests  of  juveniles 1 

probate  judge  the  judge  of  the  juvenile  court 146 

•      probation  officer ;   appointment,  duties,   compensation 147        442 

procedure,  trial  of  person  contributing  to  delinquency    156 

release  under  bond,  person  sentenced  for  contributing  to  delinquency ....    1 

report,   annual,   of  judge  of  juvenile  court 1 

responsibility  for  delinquency  of  children 1 

summoning  of   custodian  of  child .  : 


242  INDEX. 

Juvenile  court — concluded.  pg  gec 

suspension  of  sentence,   contributing  to  delinquency    153  455 

suspension  of  sentence,   delinquent    child     152  453 

tax  levied  for, detention  home  or  juvenile  farm.  .  .  .  '. , 155  464 

truant  officer  as  probation  officer 147  442 

Juvenile  farm    154  461 

Kansas  State  Traveling  Libraries  Commission 161  482 

Kindergartens    157 

cost  paid  from  school  funds 157  ^73 

established  in  school  district 157  473 

part  of  public  school  system 157  473 

teachers    157  473 

certificates     157  473 

examination 157  473 

Lands: 

granted  by  the  United  States  for  schools 1 

school  lands ;  sale,  revaluation,  lease 2 

sections  16  and  36  in  every  township  granted  for  use  of  schools 1,  3 

Laws,  school,  published  by  state  superintendent  of  public  instruction 186  566 

Levies.      (See,    also,    Taxation.) 158 

Librarian  appointed  by  district  board 116  329 

Libraries 160 

school   district    160 

librarian     160  481 

purchase    of    books 160  480 

rules  and  regulations     160  481 

rules  and  regulations  made  by   district  board 116  629 

tax  levy    160  479 

Libraries,  state  traveling.  . 161 

Aplington  Art  Gallery,  a  part  of. 161  484 

management     161  482 

traveling  libraries  department  of  State  Library 161  432 

Lincoln's  birthday  observed  in  public  schools 170  507 

Loan  commissioner,  office  abolished 178  532 

Males,  no  distinction  in  schools  between  rights  of  males  and  females 1 

Manual  training,  cities  of  first  class 47  109 

Map  of  districts  furnished  by  county  superintendent  to  county  clerk 81  216 

Maps: 

purchase   without    approval 206  614 

615 

sale    without    approval 206  612 

613 
Meetings  t 

board  of  education,  cities  first  class 49  122 

board  of  education,  cities  second  class 60  160 

school  district    95  256 

annual 95  256 

first  meeting  of  new  district 86  230 

special    95  256 

95  257 

notice '. 96  258 

School  Fund  Commission 174  519 

State  Board  of  Education 23  46 

township   high   school,    annual    meeting 141  430 

Memorial  day,   observance  in  public  schools    170  507 

Merged  district: 

bonds  taken  up 19  37 

form  of  refunding  bonds 18  34 

refund   bonded   indebtedness 18  33 

suits   against    19  36 

tax  levy  for  interest  and  sinking  fund 19  35 

Money  unclaimed,  to  common  school  fund 77  208 

Moneys,  school,  paid  over  to  proper  officers i 77  205 

Month,    school    108  299 


INDEX.  243 

Minimum  term:  p 
cities  first  and  second  class.  . 

school    districts    " 

>T     .                                                                                            yo  -264 

Neglected   child    14?  ^ 

Night  schools ..  fi~ 

attendance    not    compulsory '  162  48g 

cost  paid  from  public  school  fund 162  48C 

course  of  study 162  488 

equipment     '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.  162  188 

part  of  public  school  system 162  486. 

petition   for    ....'.'.'.'.'.'.'.  162  435 

rules  and  regulations Ig2  488 

school  boards  may  establish 162  485 

school  buildings  used 42  99 

sessions     162  487 

teachers    163  m 

payment    163  482 

qualifications 163  489 

term    162  487 

Normal  department  of   state  school  system 1 

Normal  institutes     164 

annual  sessions    164  490 

conductor  and  instructors 164  491 

county   appropriation    164  492 

county  superintendent,   duty 164  491 

course  of  study  prescribed  by  State  Board  of  Education 23  4& 

custodian  of  funds 165  493 

disbursement  of  funds 165  496 

examination  of  teachers  held  at  close    30  69 

fees  transmitted  to  county  treasurer 165  494 

funds    164  492 

instructors 164  491 

place  of  holding 164  491 

state  appropriation    165  495 

term    164  490 

time  of  holding 164  491 

union   institutes,   two  or  more  counties 166  497 

Normal  training  in  high  schools    , 167 

academies,    eligible    168  502 

appropriation : 

agriculture  and  domestic  science 168  504 

expenses  of  State  Board  of  Education 167  501 

state  aid  to  normal-training  high  schools 168  503 

certificates    ^ 167  501 

issued  by  State  Board  of  Education 167  501 

issued  for   two   years 167  501 

issued  to  graduates  only 167  501 

renewable     167  501 

course  of  study  prescribed  by  State  Board  of  Education    167  498 

examinations    167  5°1 

fees     I67  5°1 

applicants    for    certificates 167  501 

expense  of  grading  manuscripts 167  501 

high  schools  designated  by  State  Board  of  Education 167  493 

number  of  high  schools  aided  in  one  county 167  499 

purpose  of  normal  training  act I67  498 

rules  prescribed  by  State  Board  of  Education 167  500 

state  aid; 

agriculture  and   domestic   science 1 

normal   training    167  4" 

state  funds  used  for  teachers'  wages 1 

students,   number  required   in   normal   course 167  500 

Notice : 

annual  meeting,  school  district 


244  INDEX. 

Notice — conflicted  !  :j.  Sec. 

annual  or  special  district  meeting M6  258 

appeal  from  county  superintendents  adjustment  of  school  property 105  284 

appeal  to  state  superintendent,  joint  district  boundaries 93  254 

bond  election,   school  districts 6  2 

election  on  establishing  county  high  school 127  368 

election,  township  high  school 140  426 

meeting  to  form  union  school  district 121  84-3 

school   district,   first  meeting 86  230 

special  meeting  school  district 95  257 

Oaths: 

administered  by  certain   officers,   verifying  warrants    210  620 

administered  by  chairman    district    meeting Ill  306 

administered  by  county    superintendent     84  225 

assistant  state  superintendent  public  instruction 185  562 

county   superintendent    78  212 

members  board  of  education,   cities  first    class    40  94 

members  board  of  education,   cities  second  class    60  1  ?8 

members  State  School  Book  Commission 189  571 

parent,   record  in  school  census    71  188 

school  district  officers Ill  306 

state  superintendent  of  public  instruction 185  560 

voter  challenged  at  district  meeting 96  260 

Officers,  state,  county,  etc.,  prohibited  from  taking  contract 123  354 

Organic  act,   educational  provisions 1 

Organization,  board  of  education  cities  second  class.  . 57  146 

Organization,   school   district    93  252 

Outstanding  warrants.    (See  Warrants.) 

Parents: 

children  with  contagious  disease  kept  from  school 109  303 

liable  for  attendance  and  good  conduct  of  child 69  185 

oath  in  record  of  census 71  188 

penalty  for  violation  of  compulsory-attendance  act 68  184 

required  to  send  children  to  school 67  183 

responsible  for  delinquency  of  children 152  455 

Partially  depopulated  districts: 

defined    89 

disorganized     88  236 

Patriotic  instruction    170 

display  of  United  States  flag 170  505 

patriotic  exercises 170  508 

rules  and  regulations  for  display  of  flag 170  506 

Pay.      (See  Compensation.) 

Penalties  and  fines.     (See,  also,  Fines.) •  123 

Penalties  applied  to  support  of  common  schools '. 77  209 

Penalty : 

board  of  education,  purchase  of  unapproved  apparatus 206  615 

board  of  education,  cities  first  class : 

issue  of  bonds  in  excess  of  amount  authorized 51  128 

refusal  to  levy  tax  for  payment  of  coupons 54  138 

wrongful  use  of  money  levied  to  pay  coupons 54  139 

business  college,  canvassing  without  permit 21  43 

county  clerk: 

excessive  tax  levy i59  478 

neglect  or  refusal  to  extend  tax,  refunding  bonds 15  26 

county  superintendent : 

failure  to  provide  for  seven  months'  term 99  269 

neglect  or  refusal  to  perform  duty 91  248 

receiving  bonus 123  «*°2 

county  treasurer: 

neglect  or  refusal  to  levy  tax,  refunding  bonds 15  27 


INDEX.  245 


Penalty : 

county  treasurer — concluded.  p 

refusal  to  pay   over  school  money    7g  202 

77  207 

violation  of  provisions  of  Barnes  high  school  act 138  412 

dealer  in  school  books,  failure  to  keep  agreement 194  531 

district  board: 

issuing  unauthorized  bonds g  ^ 

purchase  of  unapproved  apparatus 206  615 

refusing  admission  to  public  schools 109  301 

wrongful  use  of  bonds 9  '  ^  ^ 

district  clerk: 

failure  to  deliver  records  to  successor H4  321 

failure  to  report  to  county  clerk  tax  voted 113  313 

false  report    '.'.'.'.'.'.    113  316 

district  treasurer: 

failure  to  deliver  records  to  successor 114  321 

refusal  or  neglect  to  pay  over  district  money 116  327 

employers,   violation   of   child-labor  law .             39  91 

increase   in  price   of  textbooks    195  533 

minors,  use  of  tobacco  in  public  places 208  618 

misappropriation  of  bond  funds 18  jji 

municipal  officers,  selling  bonds  without   offering  to   School-fund  Commis- 

sion 178  j30 

officers  of  county,  city,  township  or  school  board: 

neglect  or  refusal  to  levy  tax,  refunding  bonds    15  26 

signing  or   attesting  unauthorized  warrant    212  634 

officers  of  taxing  district,  excessive  tax  levy 159  473 

parent  or  guardian,  refusal  to  take  oath  in  school  census .      71  188 

person  having  control  of  delinquent    child,    violation    of    compulsory    at- 

attendance  act    68  184 

person  having  control  of  deaf,  dumb  or  blind  child,  violation  of  compul- 
sory education  act    71  190 

sale  of  unapproved  school  apparatus    206  613 

school  officer,  violation  of  fire-protection  act    125  361 

selling  or   giving   away   cigarettes    208  619 

State  School  Book  Commission,  violation  of  textbook  act    195  584 

206  615 

state   superintendent,   receiving  bonus    123  352 

state  treasurer,  failure  to  file  statement  of  collections  on  bonds    182  550 

failure  to  make   out  reports    118  337 

failure  to  report  truants    70  187 

teachers : 

violation  of  fire-protection  act 125  361 

treasurer,    county,    city,    board   of   education,    neglect   or   refusal   to   remit 

money  collected  to  pay  bonds  or  coupons    11  19 

unlawful  xise  of  examination  questions    33  76 

use  of  textbooks  other  than  those  authorized 195  583 

Pensions.     (See  Retirement  fund.) 
Permanent  school  fund: 

commission 174  518 

constitutional   provision    

custodian     .-'..". 177  527 

investment     175  522 

orders    drawn    I76  526 

perpetual   fund    

records      1™  524 

176  525 

report     176  524 

sources     

179  536 

See,   also,   School-fund   Commission. 


246  INDEX. 

Petition:               _  pg.  ^ee. 

bond   election,    school    district    5  i 

county    aid   to   high    schools    139  417 

disorganization   of   partially  depopulated   districts    89  238 

election,  county  high  school 127  368 

election,  township  high  school    140  426 

night    schools    162  485 

special   meeting,   school   district    95  256 

Physical  examination  of  children  incapacitated  for  school    67  183 

Physiology  and  hygiene: 

examination  of  teachers    36  85 

instruction     ;  .  35  85 

Powers  of  board  of  education  cities  of  first    class 47  109 

Powers   of  hoard   of  education   cities   second   class    , 58  150 

Powers   of   district    meeting    96  261 

Powers   of   State   School    Book   Commission 191  574 

Practice  teaching,  normal  course  in  accredited  colleges 27  57 

Preparatory   department  of  state  school  system    1 

President  board  of  education  cities  first  class 47  110 

certify  number  of  members  to  be  elected    40  94 

duties 47  110 

sign   bonds    51  129 

sign  refunding  bonds    53  136 

sign  warrants    •. 47  110 

210  627 

President  board  of  education  cities  second  class    40  94 

certify  number  of  members  to  be  elected    40  94 

duties    58  151 

election     .  .  . 57  146 

sign    bonds 61  165 

sign   warrants    58  151 

210  627 

President   School-fund    Commission    174  518 

President    State   Agricultural    College: 

member   State   Board   of   Education    23  45 

member  State  School   Book    Commission    189  571 

President  State  Normal  School: 

member  State  Board    of   Education    23  45 

member   State   School   Book    Commission    '. 189  571 

Principal    Barnes   high   school,    report    136  404 

Principal,   county  high  school: 

employed    130  378 

member  examining  committee    131  382 

Principal  high  school  with  county  aid,  report    139  421 

Probate   judge: 

judge  of  juvenile  court    146  440 

notice  estate  of  deceased  person  without  heir    180  538 

Probation  officer: 

appointment     147  442 

delinquent    children    150  448 

Professional  certificates: 

discontinued     34  80 

renewal    34  80 

Property  owner,  may  send  children  to  district  in  which  he  owns  land 102  275 

Property,  school : 

control,  cities  second  class    58  150 

conveyance  to  board  of  education,  cities  second  class 58  148 

deliver  to  proper  officers    77  205 

disposition,   disorganized  district    90  243 

district  board  may  sell 116  328 

division   by   county   superintendent,   new  districts    87  231 

exempt  from  taxation,  cities  first  class 50  126 

penalty    for   destruction    1 


INDEX.  247 

Property,  school — concluded  p~  gec 

sale  of,  cities  first  class    49  ^21 

union   district    75  ^gg 

vested  in  board  of  education,  cities  first  class 49  120 

Pupils : 

admission    from    adjoining   districts    117  333 

appeal  to  county  superintendent  on  suspension 119  339 

conveyance  by  parent,   compensation    102  276 

government  in   county   high  schools 131  332 

incorrigible     69  185 

indentured,    of   Reform    School 145  437 

Industrial    (Reform)    School  pupils    145  437 

infected   with    contagious    disease    109  302 

membership   in   high-school   fraternities    .  .  . 126  365 

nonresidents   in   county   high   schools    131  381 

sent  to   adjacent    district    100  273 

sent   to  more   convenient  school    102  275 

'  sent  to  other   schools    101  274 

suspension   by   district    board     119  339 

suspension  by  principal  county  high  school 131  382 

suspension  for   membership   in   high-school   fraternities 126  366 

transportation  provided  by  district 103  277 

transportation,  school  discontinued ,.  100  273 

truant 69  185 

Qualifications : 

applicants  for  county  certificates 33  79 

applicants  for  state  certificates    , 23  45 

board  of  county  examiners 30  68 

county   superintendent    78  210 

•  kindergarten  teachers 157  47i5 

superintendent  of  schools,  cities  first  and  second  class 42  'J7 

voters  in  district  meetings 96  259 

Questions  for  examinations: 
common  school  diploma: 

prepared  by  State  Board  of  Education 108  297 

county  teachers'   certificates: 

distributed  by  state  superintendent 32  73 

forwarded,    when    ,  32  74 

officers  may  have  possession 33 

opened  by  whom,  when ' 4 

penalty  for  unlawful  use • 


33          76 


prepared  by  state  board. 


32          73 

unlawful  use    32          75 

normal  training  high  school  certificates: 

prepared  by  state  board 1 

Record  books,  for  school  districts,  purchased  by  county  superintendent 84 

Records : 

clerk  board  of  education,  cities  first  and  second  class 

county  superintendent: 

apportionment  of  state  and  county  funds 

boundaries  consolidated  districts 75        19 

candidates  for  teachers'    certificates t 78        *  * 

official  acts • 

district  clerk:  .rf09 

copies  of  reports 30Q 

delivered  to  successor Ill        309 

preservation     1;L1        3Qg 

proceedings  of  district g26 

record  report  of  treasurer 

district  officers:  7R       213 

examination  of  records  by  county  superintendent <»       ^ 

failure  to  deliver  records  to  successors 

penalty  failure  to  deliver 


248  INDEX. 

Records — concluded.  pg.  gec^ 
district  treasurer : 

records  and  papers  handed  over 115  326 

records  of  receipts  and  disbursements 115  326 

School-fund  Commission,  permanent  fund,  condition  of 176  524 

records  kept  in  office  of  state  superintendent 176  525 

state  superintendent  of  public  instruction,  certified,  shall  be  evidence.  .  .  .  187  569 

teachers 118  337 

warrants   drawn    210  628 

Refunding   bonds.     (See   Bonds,    refunding.) 12 

Registration : 
bonds : 

cities  first  class     53  134 

cities  second  class 63  171 

consolidated    181  544 

permanent   school   fund 181  545 

purchased  by  School-fund  Commission 181  546 

refunding 14  24 

certificates : 

lapsed  certificates  and  diplomas  not  revived  by  registration 29  67 

no  fee   charged % 29  65 

registered  by  county  superintendent  or  clerk  of  board  of  education.  .  28  63 

registration  required  before  payment  of  salary 29  64 

registration  reported  to  state  superintendent 29  66 

state    certificates    28  62 

State  Normal  School  diplomas 28  62 

warrants     210 

Relatives  of  district  officers,  employment  as  teachers 118  335 

Religious  doctrine,  teaching  prohibited,  cities  first  class 50  125 

cities  second  class    61  163 

Removal  of  schoolhouse  from  settler's  claim 117  332 

Renewal  of  certificates : 

first  grade,   county 33  79 

lapsed  state    : 26  54 

normal  training  high  school 167  501 

professional,    county 34  80 

State  Normal  School 27  *9 

three-year  state   .- 25  50 

26  56 
Reports: 

board  of  education,   cities  first    class     50  123 

board  of  education,  cities  second  class 60  161 

clerk,    joint    district 113  315 

clerks  of  townships,  cities  and  school  boards,  statement  of  indebtedness.  .  114  320 

county  clerk,    county    school    fund    76  203 

county  superintendent : 

annual,   to   state   superintendent 82  219 

normal  institute  fund 165  494 

quarterly,  to  state  superintendent 78  213 

trespassers  on  school  lands 92  251 

district  clerk: 

amount  of  tax  voted    120  341 

annual  report    112  312 

commencement  of  school  term 114  319 

examination  of  report  by  county  superintendent 84  224 

names  of  district  officers 114  319 

proceedings  of  district Ill  309 

taxpayers'  names  reported  to  county  clerk 113  317 

district  treasurer H5  326 

judge  of  juvenile  court,  annual  report 155  465 

principal,   Barnes  high  cshool 136  404 

principal,  high  school  with  county  aid 139  421 


INDEX. 


249 


Reports  —  concluded. 

state  superintendent  of  public  instruction: 

biennial    ...............  t  ..................                                        Jg  S*C' 

investment  of  school  fund  ..................                                             176  °™ 

teachers  : 

school    records    .....................................                       118  ^ 

truancy     ..................................................      70  187 

trustees,    county   high   school    ..............................                    132  384 

Retirement    fund     ............................  -,  71 

annual  payment,    disability    or   incapacity    ..........................    172  512 

annual  payment  to  teacher  retired  after  thirty  years    .........                    171  511 

appropriation  from  general  school  fund   ..................                       .171  509 

assessment     ....................................................    m  5og 

cities  of  the  first  class,  fund  created  in    ...........................    171  599 

exemption     ....................................................    173  516 

Sifts     ..........................................................  171  509 

investinent   of   surplus    ....................................                  171  5i0 

reinstatement   of  teacher  retired  for  disability  .................                  172  512 

retirement  of  teacher  with  thirty  years'  experience    ..................    171  511 

retirement  on  account  of  disability  or  incapacity    ....................    172  512 

rules    and    regulations     ..........................................    173  517 

"teacher"   defined    ..............................................    172  514 

teacher   not  reemployed    ........................  ..................    172  513 

transfer  to  another  city    ..........................  ...............    172  513 

treasurer  to  keep  fund  separate    ..................................    173  515 

Revocation  of  county  certificates: 

causes  for  revocation    ......  :  ...................................      36  84 

revoked  by  whom    .........  .  ...........  .........................      35  83 

Salaries.     (See  Compensation.) 

Salary  not  paid  unless  certificate  is  registered    ..........................      29  64 

School  as:e  : 

cities   second   class    .............................................      56  142 

districts     .........    ............................................    109  300 

School  districts.     (See  Districts.)  ......................................      93 

School  fund  apportioned  by  county  superintendent    ......................      80  214 

School-fund    commissioners     ..........................................    174 

application   to  vote   additional  bonds    ....................  "  ..........        7  6 

attorney-general  member  of  commission    .................  ...........    174  518 

authorize  increase  in  amount  of  bonds    ............................        7  5 

bonds  must  be  offered    ..........................................    178  530 

collections     ....................................................    178  529 

compensation   of  members    .......................................    ITS  533 

consolidation    of    bonds    .........................................    181  543 

constitutional  provision    .........................................        2 

custodian     .....................................................    177  527 

estates  of  deceased  persons  without  heir    ...........................    179  534 

181  542 

funding  bonds  received    .........................................    182  551 

hearing  of  application  to  vote  additional  bonds    .......  '  ..............         8 

investment  of  permanent  school  fund   ..............................    175  522 


meetings 


174        519 


members  must   act  personally    174  518 

members  of   board    174 

orders  drawn  for  bonds  purchased 176  526 

present  bonds  for  registration  to  state  auditor    181  546 

purchase  bonds  at  lower  rate  than  stipulated    178  531 

quorum     '•  •  •  •  176  523 

record  of  funds 176 

record  of  proceedings,   funding  bonds    182 

records    174  52° 

records  kept  in  office  of  state  superintnedent    176  525 

register  of  bonds  offered  and  bought    175  521 

secretary  of  state  member  of  commission    174  518 


250  INDEX. 

School-fund  commissioners — concluded.  Pg.  Sec. 

state  auditor  to  prepare  register 181  545 

state  superintendent  member  of  commission    174  518 

state  treasurer  custodian  of  bonds,  notes,  etc 177  527 

School  fund,  county.     (See  County  school  fund.) 

School-fund  depositories,  cities  first,  second  and  third  class 45  10& 

School  fund  paid  to  cities  under  special  law    122  349 

School  grounds,  board  of  education  may  buy  additional 64  174 

Schoolhouse: 

district  board  may  open  for  certain  uses 116  330 

district  board  to  build,   hire  or  purchase    116  328 

doors  open  outward    124  355 

exits     124  35$ 

fire-escapes     124  356 

furnaces     124  357 

inspection     124  359 

plan  submitted  to  state  architect    124  358 

removed  from  claim  of  settler    117  332 

School  lands: 

lease     2 

purchase  by  county  superintendent  unlawful    92  250 

revaluation     2 

•    sale     2 

site  acquired  by  purchase  of 104  281 

trespasses  on,  reported  by  county  superintendent    92  251 

School  laws,  published  by  state  superintendent  of  public  instruction 186  066 

School  month 108  299 

School  property.     (See  Property.) 

School  Textbook  Commission.     (See  note,  page  196.) 196 

advertise  for  bids 203  601 

appropriation     204  608 

authority  transferred  to  State  School  Book  Commission 189  571 

authorized  to  make  contracts 196  586 

basic  textbooks  not  to  be  excluded    203  606 

bids     197  539 

bids,    additional   textbooks    205  611 

blank  contracts  furnished 202  600 

bond  of  bidder .  .  .  ! 198  590 

commission  created    196  385 

contracts  not  affected  by  publication  act 191  576 

dealers  and  agents 200  595 

district  ownership 201  597 

estimate  of  number  of  books  needed 201  596 

manuscripts 200  592 

maximum  prices    198  590 

maximum  prices,    additional  textbooks 205  610 

meetings     197  587 

207  616 

meetings,  special 2S3  602 

members     196  585 

oath  of  office 203  604 

opening  bids 198  590 

other  school  textbooks  may  be  used  as  reference  books 202  599 

penalties     203  605 

selline  charts,  maps,  globes,  etc.,  without  approval 206  613 

violation  of  act    206  615 

violation  of  law  by  members  of  commission 204  607 

proceedings  published 199  591 

proclamation  of  governor 200  594 

secretary     199  591 

state  not  liable  to  contractor 200  593 

state  superintendent,    ex-officio   chairman 196  585 

term  of  contract      .                            202  599- 


INDEX.  251 

School  Textbook  Commission — concluded. 

term  of  office     

textbooks   to  be  adopted    .'....'....'.''.'.'.'.'.' 

textbooks  to  be  adopted,   additional    ...                                                    '  2(U 

vacancy    

violation  of  contract.  ...'.'.'.'.'.]'.'.'.'.'.  '.  '.  '.  [  .'  .' .'  .'  .'  '.'.'.'.""  [  \  [  [  [                 '  ^        ^ 

unlawful  to  purchase  charts,  maps,  globes,  etc.,  unless  approved!!           '.  206        614 

unlawful  to  sell   charts,   maps,   globes,    etc.,    unless   approved '.  206        612 

use  of  school  books  in  other  branches  not  prohibited 202        5Q9 

Second-grade  certificates: 

high-school    credits    

o4           oO 

requirements 33          ?g 

Secretary,   board  of  trustees,  county  high  school: 

election 128        371 

duties    129        376 

Secretary  of  state: 

member  of  Board  of  School-fund  Commissioners 2 

president  of1  Board  of  School-fund  Commissioners .  174        513 

Secretary  State  School  Book  Commission: 

bond 190        572 

compensation    190        572 

duties 190        572 

election 190        572 

office 194        582 

pay  daily  money  received  into  state  treasury 192        579 

qualifications    190        572 

report  sales  to  state  auditor  each  month 192        579 

term 190        572 

Sectarian  doctrine: 

cities  first  class 50        125 

cities  second  class 61        163 

Security  for  bonds : 

cities   first    class     53        133 

cities  second    class 63        170 

Sinking  fund: 

credited  with  interest  for  deposit ' 9          10 

investment : 

cities  first  class 52        131 

cities  second  class 62        163 

refunding  bonds    : 17          29 

school   districts    8            9 

tax  levy: 

cities  first  class 52        130 

cities  second  class '61       166 

bonds   issued   for   warrants 64        178 

refunding  bonds    16          28 

school  district    8            9 

Site: 

acquired  by  purchase  of  school  lands 104       281 

amount  of  land  condemned 103        280 

change  of  site 103        278 

condemned    103 

county  high  school 129        377 

estimate  of  cost,  cities  first  class 50        127 

school  district  site  not  less  than  one  acre 96        261 

Special  district  meeting 

annual  meeting  not  held 95        257 

notice    »«        25S 

Special  examinations  for  county  certificates    32 

State  Agricultural  College: 

accredited  by  State  Board  of  Education 25 

admission  of  graduates  from  county  high  schools • 131        383 

graduates  with  practice  teaching 27 


252  INDEX. 

State  Agricultural  College — concluded.  pff_  Sec. 

investment  of  funds    175  533 

president  member  State  Board  of  Education 23  45 

president  member  State  School  Book  Commission 189  571 

state  treasurer  custodian  of  funds 177  527 

State  aid: 

school  districts: 

apportionment    99  268 

appropriation     t 100  271 

cost  of  tuition  and  transportation 100  273 

county  superintendent  to  certify  amount  due 99  267 

districts   excepted 100  273 

limitation,   certain   districts    100  273 

limitation,   school    discontinued    100  273 

purpose  to  provide  a  seven-months  term    98  265 

state  auditor  to  draw  warrants    100  272 

state   superintendent  to  certify  amount  due    99  267 

state  treasurer    to    remit    ;  .  .  .  .  99  267 

high  schools  teaching  agriculture  and  domestic  science    168  504 

normal  training  high   schools    167  499 

State  annual  school  fund.     (See  Annual  school  fund.) 184 

State  architect,  plans  for  schoolhouses  submitted  to    124  358 

State  auditor : 

cancel  bonds  and   coupons  paid    182  548 

compare  register  with  bonds    182  549 

draw  warrants,  appropriation  State  School  Book  Commission 194  582 

draw  warrants,  state  aid  to  school  districts    99  267 

100  272 

issue  warrants,   expenses  State  Board  of  Education    23  46 

register  bonds  belonging  to  permanent  school  fund    181  545 

register  bonds  purchased  by  School-fund  Commission    181  546 

register  consolidated    bonds     181  544 

stamp  refunding  bonds    182  552 

State  Board  of  Agriculture,  president  member  State  School  Book  Commission,  189  571 
State  Board  of  Education: 

accredit  educational  institutions    24  48 

accredit  institutions  in  other  states    25  51 

appropriation    for   assistants    107  293 

approve  course  of  study  colleges  and  universities   .  . 24  48 

approve  high  schools  preparatory  to  college    24  48 

25  52 

approve  high  schools  teaching  agriculture   and  domestic  science 168  504 

assistants  employed  in  preparation  of  course  of  study  for  common  schools,  107  288 

cancel   state   certificates    26  55 

designate  high  schools  for  normal  training    167  498 

examination  of  kindergarter  teachers 157  473 

examine  course  of  study  of  colleges  and  universities    24  48 

examine    accredited    institutions    25  49 

expenses     23  46 

grant  certificates,   college  graduates    25  52 

grant  certificates,  conductor  and  instructors  in  normal  institutes 164  491 

grant  certificates,  teachers  of  industrial  training    143  433 

grant  three-year  certificates  to  graduates  with  practice  teaching 27  57 

issue  certificates  to  graduates  of  accredited  institutions 25  50 

issue   certificates  to  graduates  normal-training  high  schools    167  501 

issue  state   diplomas    23  45 

make  regulations   for   teaching   agriculture   and   domestic   science   in    nor- 
mal-training high  schools 168  504 

make  requirements  for   accredited  institutions    25  49 

make  rules  and  regulations,  normal-training  high  schools    167  500 

meetings 23  46 

members     23  45 

powers     23  46 


INDEX.  253 

State  Board  of  Education — concluded. 

prepare  course  of  study  for  common  schools ' 

prepare   examination   questions   for   common-school '  diploma"  ' 

prepare  examination  questions  for  county    certificates    ...  30          70 

prepare   examination   questions   for   high-school    credit    ...'.'.'.'.".!  34          80 

prepare  examination  questions  for  normal-training    certificates    .  167        501 

prescribe  course  of  study  for  industrial   training    ]  143        433 

prescribe   course   of  study   for   normal   institutes 

prescribe  course  of  study  for  public    schools 23 

prescribe  rules,  examination  for  normal-training  certificates ]    167        501 

recognize  certificates  issued  by  other  states ]  , '  26          53 

renew  lapsed   certificates    .  .  . 

£\)  54 

renew   normal-training    high-school    certificates     .' 167        501 

renew  three-year    certificates     26          56 

revoke    certificates    

• oo  84 

State   certificates.     (See  Certificates,  state.) 

State  constitution,    educational   provisions 1 

State  diplomas.     (See  Diplomas,  state.) 
State  Normal   School: 
certificates : 

common   school    28          61 

one-year    27          58 

three-year     27          58 

three-year    renewable 27          59 

certificates  and  diplomas,  registration: 

clerk  of  board  of  education    26          62 

county   superintendent    26          62 

state   superintendent 26          60 

degrees .      27          59 

diplomas 28          61 

graduates  from  county  high  schools  admitted 131        383 

investment  of  funds    175        522 

president: 

make  requisitions  for  books  upon  School  Book  Commission 192        579 

member   State  Board   of   Education    23          45 

Member  State   School   Book  Commission    189        571 

regents  fix  courses  of  study 27          58 

state  treasurer  custodian  of  funds    177        527 

State  Orphans'  Home,  county  superintendents  agents  of 91        249 

State  printer: 

member   State   School   Book   Commission 189        571 

print  and  distribute  course  of  study  for  common  schools    107        290 

State  School  Book  Commission     189 

agreement  of  dealer  indorsed  by  county  superintendent 193        580 

application  and  agreement  of  dealer    193        580 

appropriation     194        582 

authority  and  powers  of  School  Textbook  Commission    189        571 

authorized  to  condemn  and  appropriate  land 194       582 

books  of  reference  not  excluded 191        576 

chairman     -  •  •    190        572 

commission    created 189        571 

compensation  of  members,  expenses    189 

contract  with  authors  and  publishers 191        574 

dealers  allowed  commission  of  ten  per  cent 192 

dealers  who  fail  to  keep  agreement  shall  forfeit  right  to  purchase 194       581 

determine  method  of  procedure    1 

educational  institutions  may  make  requisition  for  books 192 

educational  institutions  may  purchase  books 1 

executive  council  to  provide  office  of  secretary 

furnish  state  printer  copy  for  diagrams  and  illustrations.  .  . 

make    rules    and   regulations 


members   .... 
oath  of  office. 


189        571 
189        571 


254  INDEX. 

State  School  Book  Commission — concluded.  pg  gec 

order  exclusive  use  of  authorized  books 191  575 

penalty  for  increase  in  price  of  books 195  533 

penalty  for   use   of   other   books 195  533 

penalty  for  violation  of  act  by  members  of  commission 195  534 

price   lists   furnished   for    dealers 194  531 

prices   based   on    cost 191  577 

printed  copies  of   agreement  furnished  for   dealers 194  531 

procure  copyrights    191  574 

provide  complete  series  of  school  textbooks 190  573 

purchase  and  sale  of  school  books  by  dealers 192  578 

purchase  of  textbooks  by  district  and  city  boards 192  578 

remuneration   of   authors    and   compilers 191  574 

requisitions  accompanied  by  cash 192  579 

requisitions  made  by  district  clerks  and  clerks  of  boards  of  education.  .  .  .  192  579 

secretary    ._  .  i90  572 

bond 190  572 

compensation 190  .     572 

duties   190  572 

election 190  572 

qualifications    190  572 

term    190  572 

secure  textbooks   and   manuscripts 191  574 

state  printer  to  furnish   statement  of   cost 191  577 

textbooks  printed  by  state  printer 191  575 

State  School-fund  Commission.      (See  School-fund  Commission.) 

State  school  funds,  disbursement  of  income 2 

State  superintendent    of    public    instruction 185 

appeal  in  joint  district  boundaries 93  254 

appoint    assistant    and    clerk 185  562 

approve  issue  of  bonds  without  election,  cities  second  class 61  167 

ask    advice    of    attorney-general 186  565 

bond 185  560 

certify  copies  of  papers 187  569 

certify  organization  of  normal  institute. 165  495 

certify  to  state  auditor  amount  due   school  districts 99  267 

distribute  county  examination  questions 32  73 

distribute  state  annual  school  fund 185  563 

draw  orders  on  state  treasurer,  distribution  of  school  fund 186  564 

forward  examination  questions  to  county  superintendent 32  74 

furnish  price  lists  of  school  books  for  use  of  dealers 194  581 

furnish  questions  for  special  county  examinations 32  71 

general  duties    185  561 

general  supervision  of  educational  interests 1 

give  notice  of  estate  of  deceased  person  without  heir 180  537 

give  official  opinions 186  565 

grant  permit  to  business  college  to  canvass 21  40 

make  biennial  report  to  governor 187  570 

make  certificate  relating  to  industrial  training 143  434 

member  of  Board  of  School-fund  Commissioners 2 

member  and   secretary   Board  of  School-fund  Commissioners 174  518 

member  State  School  Book  Commission 189  571 

oath  of  office .  . .  > 185  560 

obtain  information  from  other  states 187  567 

office  in  the  capitol 187  568 

penalty   for   receiving   bonus 123  352 

prepare    instructions   for   patriotic    exercises 170  508 

prepare  program  for  patriotic  exercises 170  507 

prescribe  forms  and  blanks 186  566 

preserve  official  reports 187  568 

provide  blanks  for  registration  of  state  certificates 29  66 

provide  for  observance  of  certain  holidays 170  507 

publish    school    laws 186  566 


INDEX.  255 

State  superintendent  of  public  instruction — concluded.  pg.  Sec. 

recommend  textbooks    137  557 

report  investments  of  school  fund 176  324 

responsible  for  acts  of  assistant  and  clerk 185  562 

sign  Normal  School  certificates  and  diplomas 28  •      60 

sign  state    certificates    04  47 

supervise   educational   interests 185  561 

visit   each   county 187  557 

State  treasurer: 

bonds  payable  at  office 11  15 

cancel  bonds  and  coupons  paid 11  13 

cancel  bonds  and  coupons  paid  before  maturity 10  13 

custodian  of  Agricultural  College,  Normal  School  and  University  funds.  .  177  527 

custodian  of  state  school  funds 177  527 

furnish  statement  of  amount  due  on  bonds 11  16 

pay   annual  school  fund  to  county  treasurer .  184  556 

produce  coupons  and  bonds  for  comparison  with  auditor's  register 182  549 

receive  income  state  school  fund 184  555 

register  orders  drawn  by  School-fund  Commission 176  526 

remit  state  aid  to  county  treasurers 99  267 

report  to  state  superintendent  amount  of  annual  school  fund 174  518 

report  to  state  superintendent  amount  of  permanent  school  fund 174  518 

State  school  book  fund  kept  separate 192  579 

statement  to  auditor  of  interest  on  bonds  or  principal  collected 181  547 

separate  accounts  of  annual  and  permanent  school  fund 177  528 

State  University : 

accredited  by  State  Board  of  Education 25  51 

chancellor  member  State  Board  of  Education 23  45 

constitutional  provision  for 2 

graduates  Barnes  high  schools  admitted 134  397 

graduates  county  high  schools  admitted 131  383 

graduates   may   receive  state   certificate 25  52 

investment  of  funds 175  522 

land  reserved   for   support   of 3 

state  treasurer  custodian  of  funds 177  527 

Suits    against   merged    districts 19  36 

Superintendent  of  schools,  cities  of  first  and  second  class 42  97 

compensation    42  97 

duties    42  97 

election     42 

notice   to  truant  .officer    70 

price  lists  of  school  books  furnished  by  state  superintendent 194  581 

qualifications      42  97 

term     42  97 

Suspension  of  pupil: 

district   board    \ ' l 

appeal     "»  ™> 

membership  in  high  school  fraternities 1 

principal  county  high  school    • 

Tax  levy.    (See  Taxation.) 

Taxation: 

exceptions   to  limitations  in  tax  levies    1 

excessive    levy    unlawful    159  477 

general  limitation   in   tax  levies    158 

increasing  levy  above  general  limit    ^°8 

levy   for   industrial   training    J-   *  ^^ 

penalty  for  making  excessive  levies    

township   high   schools    

Taxation — Barnes  high  schools.    (See  Taxation,  county.) 


256  INDEX. 

Taxation — cities  of  first  class:  P<J  Sec 

annual   levy    48  n6 

bonds,  interest  and  sinking  fund    52  139 

bonds,   refunding,  interest  and  sinking  fund 54  137 

levy  by  board  of  education    15  26 

levy  by  county  clerk    15  26 

levy  by  county  treasurer     15  27 

penalty,   board  or  county  clerk    15  26 

penalty,   county   treasurer    15 

penalty,   failure  to  levy  tax    54  133 

bonds,   refunding,   sinking  fund    16  2g 

buildings   and   repairs    43  n6 

industrial  training    143  43i 

support   of  schools    43  ne 

limitation  of  levy    49  ug 

levy   certified  to   county  clerk    43  ng 

levy  made  by  county  superintendent,  indebtedness  to  district 105  283 

school  property   exempt    50  126 

taxes  paid  in   money    49  117 

taxes  subject  to  order  of  board  of  education    49  117 

whole   city   taxing   district    ' 49  119 

Taxation — cities  of  second  class : 

annual   levy    59  155 

bonds,   interest    and   sinking    fund    61  166 

bonds,   refunding,   interest  and  sinking  fund    15  26 

levy  by  board  of  education    15  26 

levy  by  county    clerk    15  26 

levy  by  county  treasurer    15  27 

penalty,   board  or  county  clerk    15  26 

penalty,   county   treasurer    15  27 

bonds,   refunding,   sinking  fund    .  . 16  28 

buildings,   certain  cities    .' 63  172 

limit  of  building  tax 63  173 

indebtedness     59  156 

industrial  training    14?,  431 

outstanding  warrants,  interest  and  sinking  fund r  i  178 

t    support   of   schools    59  155 

limitation 59  156 

limitation,   certain  cities    60  157 

levy  made  by  county  superintendent,  indebtedness  to  school  district.  .  105  283 

taxes  paid  in  money 60  159 

territory  attached 56  143 

territory  of  school  district,  city  changed  from  third  to  second  class.  .  57  144 

whole  city  subject  to  taxation    60  159 

Taxation — county : 

aid  to   school   districts    98  266 

aid  to  high  schools,  counties  of  population  less  than  10,000    139  418 

levy  certified  by  county  superintendent .  140  423 

levy  made  by  county  commissioners 140  422 

limit  of.  levy 139  418 

county  high   schools 128  372 

levy  certified  by   whom    129  375 

levy  made  by  board  of  trustees    128  372 

limit    five-tenths    mill    129  373 

limit  three-fourths  mill   certain   counties    129  374 

detention    home    155  464 

high  schools,   Barnes    law    134  397 

first  levy  made,   when    135  400 

joint    districts    136  403 

levy   for  buildings    134  397 

limit  five-tenths    mill     135  398 

limit  three-fourths  mill   certain   counties    135  399 


INDEX. 


257 


Taxation  —  school  districts:                                                                                                      p  „ 

annual  tax  voted  by  district  meeting    ..........  ........                                 96  261 

floating   indebtedness    ............................                             96  26l 

general  school  purposes    ..........................                               QQ  251 

levy  limited  to  four  and  one-half  mills   ............  .......    '.    120  341 

levy  may  be  increased  by  three-fourths  vote    .............    158  476 

levy  must  be  reasonable    ........................                        97  952 

minimum  levy  four  and  one-half  mills  in  districts  with  state  aid,      98  265 

high-school   tuition    ...................................                 126  354 

industrial  training    ..................................                    ^43  43j 

judgments,  levy  by  district  board   ..................                         .    120  342 

penalty  for  failure    .....................................    120  342 

libraries     .........  ..............................  ..........'.    160  479 

increasing  the  levy  by  three-fourths  vote    ..........................    158  476 

indebtedness,   depopulated    districts     ...............................      88  232 

indebtedness,   disorganized    districts    ...............................      89  240 

indebtedness,  part  of  district  annexed  to  city    .......................    105  283 

interest  and  sinking  fund,  bonds  ......  .  ...........................        8  9 

interest  and  sinking  fund,  refunding    bonds     .......................      15  26-7 

interest  coupons  receivable  for  taxes    ..............................      18  32 

levy  certified   by  district   clerk    ...................................    120  341 

levy  made  by  county  commissioners     .................  ..............    120  341 

levy  made  by  county  superintendent,   when    ...  .....................      99  269 

levy  to  pay   bonds   and  interest    ..................................        8  9 

taxpayers  reported  by   district   clerk    ..............................    113  317 

penalty   for   failure    .........................................    113  318 

tax  voted  but  not  collected    ......................................    115  325 

union   or  graded   districts    .......................................    121  345 

Teacher,  word  "teacher"  defined,  retirement;  law    .....................  ...    172  514 

Teachers  : 

contract   in  writing    ............................................    117  334 

contracts  void,  if  relatives  of  district  officers    .......................    118  336 

dismissed    for    cause     ...........................................    117  334 

district  board  shall  contract  with    ................................  .    117  334 

employment   of: 

cities  of  first  and  second  class    ...............................      42  98 

county  high  schools     ........................................    130  378 

county  high  schools,  counties  of  population  less  than  6000  .........    133  390 

school   districts    ............................................    117  334 

employed  by  county  superintendent,  when   ....................      99  269 

high  schools,   counties  under  6000    ............................    133  390 

industrial  training    .............................................    143  433 

records  and  reports    .................  f  ..........................    1 

penalty  for  failure    .........................................    H8 

register  of,   kept  by   county  superintendent    .........................      78 

report   names  of  truants    .  .»  .....................................      70 

penalty   for   failure    .........................................      70  187 

wages  specified  in  contract    ......................................    117 

Teachers'    associations,   county  superintendent  shall  encourage    .............      78  213 

Teachers'   certificates.     (See  Certificates.) 
Teachers'   examinations.    (See  Examinations.) 
Teachers'   retirement  fund.     (See  Retirement  fund.) 

or  01 

Temporary  certificate    ................................... 

Term,  length  of  school  term  determined  by  voters  at  district  meeting  ........      97 

Term,   minimum: 

eight  months,  cities  first  and  second  class    ........................  *°* 

seven  months,  school  districts    ...........................  •  ........ 

Term  of  office: 

board  of  education,  cities  first  and  second  class    ....................        *"  - 

clerk,  board  of  education,  cities  second  class   ......................  °7 


county   superintendent 

-9 


258  INDEX. 

Term  of  office — concluded.  Pg.  Sec. 

district    officers     110  305 

president  board  of  education,   cities  second  class    57  146 

secretary   State   School   Book   Commission    190  572 

superintndent  of  schools,  cities  first  and  second  class    42  97 

State  Board  of  Education • 23  45 

State  School  Book  Commission    '. 189  571 

trustees  county  high  schools 128  370 

Term  of  school  determined  by  district  meeting    97  263 

Territory : 

attached  for  school  purposes,  cities  of  first  class    46  108 

attached  for  school  purposes,   cities   of   second   class 56  143 

detached  by  county  superintendent,  cities  second  class 57  145 

disorganized  district  not  liable  for  debt  of  district  to  which  attached.  ...  90  244 

part  of  district  annexed  to  city  first  or  second  class 105  283 

school  district  annexed  to  city  first  or  second  class    105  282 

school  district  containing  city  of  third  class  remains  attached  when   city 

becomes   of   second   class    57  144 

Textbooks     189 

districts  and  cities  may  provide  free  books  if  authorized  by  vote 192  578 

exclusive  use  of  authorized  books    191  576 

provided  by  State  School  Book  Commission    190  573 

See,  also,  State  School  Book  Commission,  and  School  Textbook  Com- 
mission. 

Third-grade   certificate,    requirements 33  79 

Three-year  state  certificates.    (See  Certificates,  state.) 

Tobacco   and   cigarettes    208 

misdemeanor  for  minor  to  use  in  public  places 208  618 

penalty      208  619 

unlawful  to  sell  or  give  away  cigarettes 208  617 

Township  board,   call  election  to   elect  high-school  board 140  426 

Township  clerk  must  register  refunding  bonds 14  24 

Township    high-school    board,    election 140  426 

Township  high  schools.      (See,  also,  High  schools,  township.) 140 

Township  may  establish  high  schools,  when    140  425 

Transportation  of  pupils: 

compensation  to  parents    (  102  276 

consolidated  district    74  195 

provided  by  district  board    103  277 

pupils  sent  to  other  districts 100  273 

Traveling   expenses,    county    superintendent    83  220 

Traveling  libraries.      (See,   also,   Libraries.) 161  482 

Treasurer,  board  of  education  cities  of  first  class. ' 47  113 

board  may  elect    47  113 

bond     ; 47  113 

city  treasurer  ex  officio  treasurer  of  board 47  113 

compensation     47  113 

deliver   warrant  register  to    successor 211  633 

deposit   money    daily    47  113 

deposit  money  in   designated  depositories 45  106 

indorse  wai'rants  "presented  and  not  paid  for  want  of  funds" 211  631 

pay  money  upon  warrants    47  113 

prepare    monthly    report    47  113 

record  of  warrants  paid    211  630 

redemption    of   indorsed   warrants    211  632 

.register  indorsed  warrants    211  631 

remit    to    state    treasurer-   money    collected    for    redemption     of    bonds 

and    coupons     11  17 

taxes  placed  in  hands  of 49  117 

Treasurer,  board  of  education  cities  second  class 64  179 

bond 59  154 

deliver  warrant  register  to  successor    211  633 


INDEX.  259 

Treasurer,  board  of  education  cities  second  class — concluded.  Pg.  Sec. 

deposit   money    in    designated    depositories 45  106 

elected  by  city 64  179 

indorse  warrants  "presented  and  not  paid  for  want  of  funds" 211  631 

interest   paid   when    due    62  169 

pay    money    upon    warrants 59  154 

prepare    monthly    report    59  154 

produce  books  and  papers    59  154 

redemption    of    indorsed    warrants 211  632 

register  warrants  indorsed    211  631 

remit   to    state    treasurer    money    collected   for   redemption   of   bonds    and 

coupons 11  17 

taxes  paid  over  to  county  treasurer 59  155 

term     64  179 

Treasurer,  county.     (See  County  treasurer.) 

Treasurer   county   high   school 128  371 

appointment     128  371 

bond     128  371 

duties     •. 128  371 

taxes  paid  to,  by  corinty  treasurer 129  375 

term     128  371 

Treasurer  school  district.      (See  District  treasurer.) 

Treasurer,  state.      (See  State  treasurer.) 

Truancy  law.     (See  Compulsory  Education.) 

Truant  officers: 

appointment     68  184 

compensation     70  186 

complaint    by .  68  184 

duties     68  184 

enforce  education  of  deaf,  dumb  and  blind 71  189 

nomination     .'  .  .  .  68  184 

number    69  185 

Truants : 

habitual   truants    69  185 

names  reported  by  teachers    • 70  187 

Trustees,  county  high  school: 

annual    report     132  384 

annual  tax  levy    128  372 

appointment     127  369 

compensation     , •  •  132  386 

election     128  370 

employ  principal  and  teachers    •  •  130  378 

expel  members   high-school  fraternities    126  366 

local    site 129  377 

officers    of   board 128  371 

president  and  secretary  to   certify  tax  rate 129  375 

provide    buildings     129  377 

secretary    128  371 

term      128  370 

treasurer 128  371 

vacancy  filled  by  county  commissioners    132  385 

Tuition : 

Barnes   high   schools    137  406 

county  high  schools    131 

fee   may  be    assessed,    school   districts 109 

high  schools,   cities  of  second  class    58  150 

high  schools,  paid  by  district    126 

p»:pils  sent   to  more   convenient  district 102 

pupils  sent  to  other  schools,   schools  discontinued 101 

pupils   sent  to  other   districts,    certain   districts 100  273 

township   high    school    141  429 


260  INDEX. 

Pff.  Sec. 

Union   or   graded-school   districts    121 

annual  meeting,   date    95  256 

board  of  directors: 

duties     •  •  •  • 121  344 

election     : 12i  343 

Powers      121  344 

bonds     122  346 

derk 122  347 

established,   how    121  343 

purpose    121  343 

tax  levy  for  buildings  and  expenses    121  345 

treasurer     122  348 

See,  also,  Consolidation. 

Universities : 

accredited  by  State  Board  of  Education    24  48 

course  of  study  examined  and  approved  by  State  Board  of  Education.  ...      24  48 

graduates  may  receive  state  certificates   25  52 

University,  department  of  state  school  system 1 

University  fund: 

constitutional  provision 2 

custodian    177  627 

religious  sect  shall  not  control    2 

Use  of  school  buildings,  cities  of  first  and  second  class    42  99 

Use  of  schoolhouse,    school    districts    116  330 

Vacancies : 

board  of  education,  cities  of  first  and  second  class 40  93 

county  superintendent    •    84  223 

district  board,  filled  by  county  superintendent    84  222 

examining  committee  board  of  education,  cities  first  class    48  115 

trustees,   county  high  school    132  385 

Valuation  of  property: 

certified  by  county  superintendent  to  district  clerks    78  213 

detachment  of  territory    100  270 

formation   of  new   districts    100  270 

relation  to  bond  issue : 

cities  of  first  class    51  128 

cities  of  second    class     61  167 

districts     5  1 

refunding  bonds    13  22 

Vice   president : 

board  of  education,   cities  first   class    47  111 

board  of  education,  cities  second  class 59  152 

Voters,  district  meetings : 

challenge 96  260 

qualifications     96  259 

• 
Wages,  teachers' : 

contract  shall  specify 117  334 

paid  for  last  month  after  term  report  is  filed    118  337 

paid  for  last  month  after  truancy  report  is  made    70  187 

Warrants     210 

bonds  to  pay  outstanding,  cities  second  class    64  175 

countersigned  by  treasurer    210  629 

definition  of  term  "warrants" 210  625 

drawn  how    210  625 

outstanding   warrants   refunded    13  23 

payment  by   treasurer    211  630 

payment  in   order  presented    211  631 

penalty,   signing  or  attesting  warrant  not   authorized    212  634 

presented  and  not  paid  for  want  of  funds 211  631 

publication  of  call  for  redemption  of  unpaid  warrants 211  632 


INDEX.  261 

Warrants — concluded.  Pg.  Sec. 

record  kept  by  clerk 210  628 

register  delivered  by  treasurer  to  his  successor    211  633 

signed  and  attested  by  whom    210  627 

time  warrants  to  pay  for  buildings,  cities  of  second  class 63  172 

verified  by   affidavit    210  626 

Warrants  and  bonds  lost  and  destroyed    209 

affidavit   and   indemnifying   bond    209  622 

duplicate  may  be  issued    '. 209  620 

duplicate  issued  on  delivery  of  mutilated  bond  or  warrant 209  621 

duplicate  to  correspond  with   original    209  623 

record  of  duplicates  issued    209  624 

Washington's  birthday,  observance  in  public  schools 170  507 

Water-closets     117  331 

White  children,  separate  schools,  cities  first  class    47  .     109 


YC  06567 


-3244 


: 

,5 

Alas 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


